Ordinances 


a of the 


ity of Portland, Oregon 


Effect July 1, 1913, as revised by the Council 
19, 1914, and containing all Amendments 
ently adopted up to November 2, 1926, 
ae inclusive. Lee 


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THE CHARTER 


and 


Charter Ordinances 
of the 
City of Portland, Oregon 


——————— 
_—$————————————— nnd 


In Effect July 1, 1913, as revised by the Council 
August 19, 1914, and containing all Amendments 
subsequently adopted up to November 2, 1926, 


inclusive. 


Boao rt. | 


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19 


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26 


THE CHARTER OF THE CITY OF PORTLAND, OREGON 


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Chapter 
Chapter 
Chapter 
Chapter 
Chapter 
Chapter 
Chapter 
Chapter 
Chapter 
Chapter 
Chapter 
Chapter 
Chapter 


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Y 
GENERAL SUBJECTS 

Sections 
POLL a tem ly cts CNCO ane EO WET > <c:0 daletettina sie s tachi oes dinialeleene 1-8 
Boundaries and Annexation of Territory............c0cceeeeee 9-15 
Government ~... MEMES a Lk PG he ois ne Poesia Ra Nas dy PALIT ke ko a tid 16-96 
er ae Me NUACRN er Meh we vee MEE wa thts (Dh Aa uence eae Weel CP aee'. e149 awe Aloe ae 97-122a 
Te ACETUIT cBem aya okay adotes Rien ulue ae aes Sieevashtie Cie a/v ae ake bia shacsedeoa‘el acale's 123-1438 
Official Advertising and Contracts...........0.eccececeeeeees 144-150 
POOR ELEM UN TEU ee PTC Eta THC SOS tcl. (ahe Calais els are ated w alae ey his dee duc! otek 151-184 
PLE MT Mes RSs beetle ole et ae ot oe ibentonriele Get Ae cel eik WUE Ce kk eee 185-195 
PORE eT Sar Glebe AN CLS OT) CEUYIC tac cv iau se gon tea mtr ie elicie e's. 4 sheet 196-226 
dS Yap ath BMC RR LO de ee ROR cet ker ARNE i SAHA Ch. 227-254 
Becher taa lei WLI PLOVEIMETIL « Me ty pie ifole's sta ward div Wieck FN c ate 255-284b 
PVE T age eRe OU G dremel Hest ts PRS Nosors ach OR PALIT a. s tater Sere, ols. ol e's Side ie age om wi erece 285-319 
Procedure for Laying Out, Extending or Widening Street....... 321-335 
Progress Payments; Lighting Streets; Miscellaneous Bonds...... 336-341 


1004426 


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The Charter 
of the 
City of Portland, Oregon 


CONTENTS 


Chapter 1 
CORPORATE EXISTENCE AND POWERS 


DEB INTTIONS 2. 23 chen: Pee ent aoe Se ne ERO OE a SEA So Ae ghata te ete tcs 
CONTINUATION OF CORPORATE POWERS AND GRANT OF 

IANA ED ST “VG Chk tthe ie ts a Sees elias SGA OE ir MME aM aA ole eS ates 
Mace rUaNG HRC eC eu Ta Pers Pv EO) WRG) ty ees ie eras Bayes «ss 0/t oy acgiace. oy Aiserste 
Pe een eo) Pu ERODE TV ORIGH T Sota Got cade ce ses co ae 
Hp eD OM Co UETIGO LENSE BY ANCE Ge ces ro Ratan te tt ri aera iain Wy iene nan ed eee 
Unter LON Or cCONTRACT: LIABILITY | oi. ities el eats 
Pee ees bas LIN ALN A Blaha i Peon son) elt Vente 's «Ss yk caeigne we abe 
Pee CPU meESeE DE ELI Cr ig katy ps ap en dete 0 Sahl ister a's ol draes cis heb este Whoian 0 


Ln Me 
bo 


CR OR UN tn Lr LP 
OID of & 


Chapter 2 
BOUNDARIES AND ANNEXATION OF TERRITORY 


Se CV EMA De LONGUS ABV ig ROT a Maat gray NS oe pe A ea ere 2p) ft Aan Oe Se elite RE ne 
PANE IN ING Cee COR RIET ORV oo fale clo tw cana wie Ue vith watiees aie, 
eee LU Dw Ore ANN FOX AD ION Sot oho tote wk eels cuties eels bam sd 
Bee eee LUC) pm La Cu La (PIN a ttn, Peon nek, teaver Uiaaie ais eens ee «+ oe 
femeue tL HOT ON “PROPERTY, RIGHTS; ON LIABILITIES... 3.005521... 
Perey VON LPO PBOUNDARING 2202. . ees oreie dy bare oigech'e ons 
15. LIABILITY OF ANNEXED TERRITORY FOR IMPROVEMENTS.... 


(On CO? COR torn COP (Or (Or 
a 
bo 


Chapter 3 


GOVERNMENT 

ARTICLE 1. COUNCIL: 

§ 16. COUNCIL HAS POWERS OF FORMER BOARDS AND COMMISSIONS 
§ 17. ABOLITION OF CERTAIN BOARDS AND COMMISSIONS ........ 
Mier na Ol GENERAL: POWERS ..o...00cclssscclcvbeles ss class. 
19: INITIATIVE—REFERENDUM AND RECALL........-...-...c0:: 
Pye NIGIPAG-POWERS VESTED IN COUNCIL ..:.........-...200. 
i 85) GeO ET MIG Da Shite MRO) ae A OO A a a 
ROMEO ATION Sait tery Seite (Lek Lu; does Uke de soies West ees dk 
“L,  TeASW AID a erage ioe U srg ee Wee a On eT ee 
PEE MOU HTL ANTER DST Su. ft) A. ese vaht: fade ees et, rch nado 
26. INTEREST IN CITY CONTRACT PROHIBITED ....;.........20.4: 
Sree OTL ENTIRE TIMBiTO CITY BUSINESS* <>. 0. <7). 3.02. .45 5: 
PMRUATHCOESOMRT CIR Saha sea NON i ee eee oy ol EDS BE 
2 ORE ea UE yagi a RD red ee 


ere NE OIGCS eC er LLIN Lt ae eM ante anes, OP RR As acter Sy uty OYA ey ale SRO ahd alah. % 
eM N ay PSs OUND ee usta het ess crash be viata ele Aire geass ee 


LRT? WRU UN UR INR IN YN IN wr 


§ 35. FINES AND IMPRISONMENT FOR VIOLATION OF ORDINANCES 
PERE OPN LAL) EES) IM Lae My ee ee Lier hea Une e leed ya yin io Seren ode whe thee Poon os 
§ 36. ENUMERATION OF POWERS NOTA LIMITATION .............. 


ARTICLE 2. MEETINGS AND ORDINANCES. 


Settee RUA NICAL LON COM: COUN GIL. Bibt rin rr, SAG co uta ewe dei 69 
em E Ee Cee IGINLA RM cnc CRN Pil deo Pilea «hd lass Paby deol g Meee Al a ele ead 


Sy 


AYE AND NAY VOTE. 300% once Pe Snr eR OSE oi OB 


PRIVILEGE: IN “DE BAT He rire eee ees oh etree eee ee eee 
RIGHTS OF COUNCIL TO CONTROL ITS MEMBERS.............. 


MEETINGS—PUBLIC AND WEEKLY—JOURNAL OF PROCEED- 

INGS (202 REP Re a ee Bee: 
QUORUM. 0 ee : 
MANNER OF TRANSACTING LEGISLATIVE AND JUDICIAL 
BUSINESS 20.00 lide Se ee 
ORDINANCE TO CONTAIN BUT ONE SUBJECT ......,...... = | 
ENACTING (CLAUSE). a0 2s acces ee 
MANNER OF PASSING ORDINANCES (,0/9 3 ee 
DATE ORDINANCES PASSED BY COUNCIL TAKE EFFECT ...... 


DATE INITIATIVE AND REFERENDUM MEASURES: TAKE _ 
BFEECT: (73 CSB be ee) Se ae ee ee 


MANNER OF AMENDING AND REPEALING ORDINANCES...... 
ATTESTATION OF ORDINANCES. ©. 0 20. (@30. (2 ee eee 
OBJECTIONS TO;ORDINANCES (oko cjg cutie oa, sons oj ce ete oe etc ee 
EXISTING .ORDINANCES CONTINUED) vn20 oo 32 ee oe 


CR tor CO Cr Or (& 
ee PB CO 
NO RO 


PES IGE Oy Sen Src ee QS 
£0890 Ss ee eee 


COR COR (0? (Or tor 0? Or 60? WL; 


or OT OT OI 
coh tS 


ARTICLE 3 EXECUTIVE AND ADMINISTRATIVE POWERS: 


§ 54. THE DEPARTMENTS—DISTRIBUTION OF WORK................ 
§ 55. ASSIGNMENT OF DEPARTMENT TO COMMISSIONERS ......... 
§ 56. AUTHORITY OF COMMISSIONER OVER HIS DEPARTMENT.... 
§ 57. COUNCIL TO ASSIGN WORK TO SUBORDINATES ©... osc 
8:58. ADMINISTRATIVE: CODE) 2.0.2 hae. aa ce earache cree 


ARTICLE 4 THE MAYOR: 


8°59. HIS DUTIES—ANNUAL MESSAGE ©. 2) 4 


§ 60. INSTITUTION OF SUITS TO CANCEL FRANCHISES; INVESTIGA- 
TIONS ‘OF FRANCHISES ooo. vdeenion « oe islet cele ee else eins eee 


§. 61." INVESTIGATION OE OFFICES. 9.2) occ veince sc oie ia ete 
§ 62. SUSPENSIONS FROM DUTY PENDING INVESTIGATION ........ 
§ 63. BE “NOTIFIED OF VIOLATION OF CONTRACTS 2.2) 0 ee 


ARTICLE 5. THE AUDITOR: 


§ 64. QUALIFICATIONS—FILLING VACANCY IN OFFICE ............ 
§ 65. “SALARY AND BOND \0.. D0.% 2s Scie sie ee 
86655 DUTHES ss oe os NGS aes See ie a ag ei ete ree 
§ 67. DEPUTIES AND. CLERKS)... 92 208s see Oe 
§ 68. AUTHORITY TO. ADMINISTER OATHS. 5/005) pee ee eee 
§ 69. ACCOUNTS TO BE KEPT AND DEMANDS AUDITED............. 
§ 70. “RECORD, OF DEMANDS. 220 Sat2 Ge eee da ee ee eee 
§ Tl, -APPROVAL OF DEMANDS (3.25) sea oe ee oe ee 
§ 72. APPROVAL OF CERTAIN DEMANDS PROHIBITED ....... EPO SS 
§ 73. PRESENTATION AND ALLOWANCE OF DEMANDS.............. 
§ 74. REGISTER OF WARRANTS—PREFERENCE NOT ALLOWED..... 
§ 75.) DRAWING WARRANTS | s. 0002. oc ott cies cee cle ee ee 
$:76.., ISSUANCE OF DICENSES i202 os (en cer eae Shee ee 
§. 77; RECORDS AND PDLES: OF COUNCI Dw: 22. is ee eee 
§ 78. ‘CERTIFIED COPIES OF RECORDS 3...5)04% 1) eae eee eee 
§.79. -PRESENT“OWNERSHIP RECORD! 3.7.3... acces eee 


ARTICLE 6. OFFICERS AND EMPLOYES: 


§:80.. -APPOINTIVE: OF BICIERS ay tine ee foe vat Meee eee 
§ 81. REMOVAL AND QUALIFICATIONS ...... Sehr eS Slee Stee cane 
§ 82. COUNCIL MAY CREATE OR ABOLISH OFFICES ...:........... Vane 


[6] 


< © 00 00 00 CO 00 WH 
Ppt oe ene it a oe 


COR COR (OR LO? Or COR 02 SOR UP? (OR COP (OR (OP? (OP 
= 


1 © % 1 © 
eo et 


§ 97. 
§ 98. 
§ 99. 
§ 100. 
§ 101. 
§ 102. 
§ 103. 
§ 104. 
§ 105. 
§ 106. 
§ 107. 
§ 108. 
§ 109. 
§ 110. 


eRe avn Pea oe) ee FIG IS Dicpe vise ytaitin, anosiie Bias gic cleveisl's bard aeiatel Cele adie 
ree Ce EOC! er LEV OCC Moe ca dis aia x lel of nc saa oS 5c'e mrapee eee ao 
QUALIFICATIONS. FOR ALL OFFICIALS). ...... 0.66 e cet eet eile 
ADDITIONAL BOND MAY BE REQUIRED OF OFFICERS ......... 
Rigg Nae le OMNIGLAT BONDS 2) xtc. cs tae cas airwicls fans wlerele 
REQUIREMENTS OF SURETIES ON OFFICIAL BONDS..........- 
LIABILITY OF SUPERIOR OFFICER FOR ACTS OF SUBORDINATE 
BONDS MAY BE REQUIRED OF SUBORDINATES ............--- 


OFFIERS AND EMPLOYES FORBIDDEN INTEREST IN CITY 
Ne Cr Lee ere ees at ed ko ds Patho otelaeigs wee = fe Fee ok 


BOOKS AND RECORDS INSPECTION; CERTIFIED COPIES ....... 
APPOINTMENTS—HOW MADE AND FILLED........... .---++-0-: 
SALARIES TO BE FULL COMPENSATION 2.2.00... 6. cede cee eee 
OFFICERS FORBIDDEN TO FAVOR BIDDERS ON CONTRACTS... 
OFFICERS TO DEVOTE ENTIRE TIME TO CITY BUSINESS....... 


Chapter 4 
CIVIL SERVICE 


RULES—TOoW HOM -APPLIBD—EXCEPTIONS ....020sc: cee sees 
CIVIL SERVICE BOARD—APPOINTMENT—QUALIFICATIONS.. 
SHCh MUA RY APPOINT MENT=—DUTIE Ss. ateae ects nn cee ies de «re 
Bore nr Ome lc aL RVG OR VLG ee gem ed aA ckiin Ns, By el TE os at 
BOARD TO MAKE AND PUBLISH RULES AND KEEP RECORDS. 
Pex MISA DION We © spay rite cee ASD SE a RS Oe ae ee eR , 
RECORD OF POSITIONS AND.APPLICANTS .......-.-eccceceeees 
VACANCIES—HOW FILLED—REAPPOINTMENT OF EMPLOYES 
MMO Yar PODNTIMLHIN Loe ere ccs wsrtnne corte era Sins <x w peas 


See Ns DA elo de OH OOM PLOY ES oir. it once odie ele cae where old 


pa ta 
Sea: 
S113; 
§ 114. 
S215. 
§ 116. 
SoLLy, 
§ 118. 
$7119. 
Na OA 
ota Pale 
§ 122. 
§ 122a. 


§ 123. 
§ 124. 
§ 125. 
§ 126. 
§ 127. 


ey Pmt ORM acta ed Peet fe ot. ound veg seh bes REN Gd phy chee 
COT OMe TOSP RO VID EON EICKS ited ap eetc ene andes Nein here uses 
ROSTER OF EMPLOYES—GENERAL PROVISIONS ...........%. 
TN VOL LGA TIONS Miata. 5 a ewiet otros Se Ped a teyhee eat er keeree kt gh, at aber GY ea 
MISDEMEANORS TOF COMMISSIONERS 8 ic. steels i Ba a cde 
PODITICATSASS ESSoMENTS PRORIBITED ie... Gah ok he es yey: 
BRIBERY—“‘PUBLIC OFFICER,” “PUBLIC EMPLOYE” DEFINED 
RECOMMENDATIONS ORCA PPLICANTS ip. Mise oe tenho she pane 
POG LIGA li: SHRVICHS DISREGARDED 145 ose che Obs hed eit of el 
VIOLATION OF CIVIL SERVICE PROVISIONS A MISDEMEANOR 
EN Aer ee) Rite) tee C) RiP aoa ee es hem sueistt ate sore ok Mo « 
CITIZENS GIVEN PREFERENCE—MINIMUM WAGE ............ 
RVers DOC) NU eet mena nas ne cite einin Sos ai dtvate. ards aeterdy a dis'e's, Slee 


Chapter 5 
ELECTIONS 


MUINLOEE Alar i COPE ON Sele eet rcs’. Saw ese Teds cee ce eso 
MANNER OF NOMINATION OF OFFICERS ............. Bie oe 
PUBLICATEION: Oe LECTION SNOTIC Bice 110 Bis ius vows Cee ee wea 
INFORMALITIES DISREGARDED............ ites Teas oie eal oe " 
PEARL m Lovie ALE be bal Coe Es aloe ape ie A FE betes SoS OREN ES og 


§ 128. ACT OF 1899 TO GOVERN ELECTIONS—REGISTRATION OF 
VOTERS eco Sova ever tiv ate lalin 6 feeb ate ie Whe te eH Ga target Ba tee otnn Tita eee 


§ 129. PREFERENTIAL SYSTEM OF VOTING ............ ula. ae ee 
§ 130. FORM OF. BALLOTS: «2b iste tiens stots plates ole stone © sane int wiet ohana aire weet 
§ 131, SAMPLE “BA LUOTS oie Shee ciel als in ited olpae e sesie esol Nessa eameatiate taice Rett a 


§ 182. CANVASS OF RETURNS AND DETERMINATION OF RESULTS 
OF ELECTIONS 3505 0a nitie ie sbi ele ieie a ean rie Mtr e opera atti itera eae 


§ 183. EXPENSE OF REGISTRATION PAID BY CITY................-. 
$134. » DATES: OF | KLEGTION «iiss oisteg ieee tel oletne too oie eee epee Peal 
§ 185. NOTICE OF ELECTION TO BE PUBLISHED ...............-..... 
§ 186. COUNCIL TO CHOOSE JUDGES AND CLERKS ...............-.. 
§ 187. QUALIFICATIONS OF VOTERS | fare 0 ose tert sam ai coe aot me et enna ane 
§ 188... CANVASS OF ELECTION RETURNS. | 6 wets os ak opie ere 
§ 189. STATEMENT OF CANVASS TO BE FILED .......2..0..2 5-0-2208 
§ 140. CERTIFICATE OF ELECTION 2.0. cles einlene oie 25 5ie 0 cee eyahernia 
§ 141. CERTIFICATE OF ELECTION—PRIMARY EVIDENCE .......... 
§ 1425 CONTESTED “BLECTIONS og fa si sietisis, ieee o jae atetet ook Ie nceeareteo care gs iares 
§ 148. PRESENT INCUMBENTS: HOLD OVER fii senile ee ole eilaeieee pire 


Chapter 6 
OFFICIAL ADVERTISING AND CONTRACTS 


§ 144. COUNCIL TO CONTRACT ANNUALLY FOR ADVERTISING ..... 
§ 145. COUNCIL TO RE-LET CONTRACT IF ANNULLED ............. 
§ 146. OFFICIAL ADVERTISING—WHERE TO BE MADE.............-. 
§ 147. TERMS “SUCCESSIVE” AND “CONSECUTIVE” DEFINED ....... 
§ 148. CONTRACT FOR OVER $250 MUST BE IN WRITING............. 
§ 149. CONTRACTORS TO GIVE INDEMNITY BOND ................... 


§ 150. NO PURCHASE IN EXCESS OF $250 WITHOUT BID—CONTRACTS 
“TO: LOWEST RESPONSIBLE BIDDER. 2.2 occ) we. ee eee 


Chapter 7 


PUBLIC UTILITIES AND FRANCHISES 
ARTICLE 1 . 


§ 151. PUBLIC UTILITIES—GENERAL PROVISIONS .................. 
§ 152.) POWER:OF CITY: TO USE 2). fe. sa oe etn lee clare hee ee etna te oe 
§ 163.5 “PUBLIC UTILITY” DEFINED? oot icire saa cerns oe alle ciate eee 
§ 154. GENERAL SUPERVISION BY COUNCIL......................0-- 
§ 155. COUNCIL MAY ISSUE AND SELL CERTIFICATES ............. 
§ 156. COUNCIL MAY INVESTIGATE ........... Tee ests Ree ema 
§ 157. QUARTERLY: REPORT REQUIRED: fo) 005. 20 1m esses eaten te eee ete 
§ 158." COUNCIL, MAY :-MAKE’ "RULES 'TO GOVERN 223) 2 22000. omen was 
§ 159. FRANCHISE SUBJECT TO CHARTER PROVISIONS ............. 
§ 160. LIMITING INDEBTEDNESS TO BE INCURRED ................. 


PUBLIC DOCKS 

ARTICLE 2. 

§ 161.. CREATING DEPARTMENT OF PUBLIC DOCKS... 1. een er 
§°162. “ADMINISTRATION ie ccs ate se iareue Pbk otpen aceasta eee ieee scan ea 
§ 168. POWERS AND DUTIES OF DOCK COMMISSION .......... Giecnueante 
§ 164... 1907 DOCK ‘BOND ACT REPRADGED eee 2s vie sien ce ieee oda areal 
$1644 HARBOR ‘BONDS e occ nd crete eae pot oc te SE RN le 8 
§.°164:2-3 POWER’ TO SHULD ons oie a ieesiek a Galea w vic Rei heels Beene 


PUBLIC INCINERATING PLANT 
ARTICLE 3. 


§ 165, . AUTHORIZING: BOND ISSU Bex. isi ck Sethi eee ee a ieate 


FRANCHISES 


ARTICLE 4. 


§ 166. 
§ 167. 
§ 168. 
§ 169. 
§ 170. 
§ 171. 
§ 172. 
§ 173. 
§ 174. 


§ 175. 
§ 176. 
§ 177. 
§ 178. 


§ 179. 
§ 180. 
§ 181. 
- § 182. 
§ 183. 
§ 184. 


§ 196. 
§ 197. 
§ 198. 
§ 199. 
§ 200. 
§ 201. 
§ 203. 
§ 204. 
§ 205. 
§ 206. 
§ 207. 


AUTHORIZING AGREEMENT WITH COMMERCIAL RAILROADS 
CON EL CP MR ES fo RR ee ECD LE EERILY Cols ia keke a S74. bie tise e a'e ae ea cle a te ia 
BEM R EEL WLR Mere NATE ESO RSES Wx ale pis eistal, non fds sats ape alee eek cnt md eee ee 
Be RE EE Oey Bier A TTA Boa att gn adh oiale ee a alata, xe cpcmece vette a at 


FRANCHISE CONDITIONS MUST BE EXPLICIT—SPECIFIC 
PE CPP ELC, MIN SN eet ate ches ees eek ey Tess ee oN oe nae oben 


CONSENT OF COUNCIL NECESSARY TO TRANSFER OF FRAN- 
EL me Pinie Ries bis Fs SETA Scere terte tpi cine fhomtie oon obs aia 


STATEMENT REQUIRED WITHIN NINETY DAYS .............. 
AUDITOR TO KEEP RECORD OF FRANCHISES ................. 
PRE Mem AN GHISKSme. waldo ered bay hoe elicited ss Ovals 


MULTNOMAH COUNTY TO OPERATE BRIDGES AND FERRIES. 


Chapter 8 
FINANCE 


PUBLIC MONEYS AND MUNICIPAL ACCOUNTING. ............ 
SM Bed Wd MR NOLO etd Td Cd BoD ee coe he ipa ae Pee SP arama a 
1 MEO DENS DTG OILED CAB bee oy LRM asta o8 i A i i Ro Rana a 
ANNUAL ESTIMATE FOR TAXATION PURPOSES.............. 
BL User eme ers be eee te aire er aN Minko thcaat: © aides eeu 4 <3 ke aes 


1-B. TAX LEVY FOR SALARIES OF BUREAUS OF FIRE AND 


TED Lah Co ime eren ears Pe CN ht otek e Yhaiais cid pie otahe ear ore uae Oke wo ReaD has 


REVERSION OF BALANCE TO GENERAL FUND—INVESTMENT 
PME. OLE ICC? Vila iVi ter be aC) IN DDS eae eens cla Cte aiin eh iahe Eran hit, aes 
eR EU) Le Ped Pa MIN EG Vg ocak fer cla stan Stas ctocw ale Ca alae aa els 


Chapter 9 
FIREMEN’S RELIEF AND PENSION FUND. 


ARERR Anta Ramer Pree Sete er arg hast eee Ae ate hn) Brad ls fs ore PA wie Le rhs 
CITY TREASURER CUSTODIAN AND DISBURSING OFFICER. 

ee ECDC Rn MOUN eCPM: AOVLORDIN Dy QB EV aa on optus aeease 
PERCENTAGE OF ISALARY DEDUCTED FOR PURPOSE OF FUND 
REN LON eee oN et Like VEO) IN Ved WG h iene, bee Mig fete wredlluge se Wve cadena 


[9] 


§ 208: BENEFITS ON TEMPORARY DISABIDITY coor ig elatniste eam 
§ 209. BENEFITS DURING’ SICKNESS .2. 00.2. as ap aa ea wie awe oie 


§ 210. BENEFITS TO Res AND CHILDREN OF Eee FIRE- 
MEIN © esc oo ate icae eee Oe Dik se tee cetetiets i vusta rs ees) © weluile Gi ete ea ts) Pelee ouateeueie mes 


§ 211. PENSIONS .TO "TEMPORARY FIREMEN ...... pet esites ese ro 
§ 212. FUNERAL EX PENSBS hic ce ee eae tale’ ernie eee eee ce eaten 
§ 213... APPLICATIONS’ FOR: ;PENSIONS ©. =: ive sone ey eee logs beh wR Ae 
§ 214. EMERGENCY DUTIES BY RETIRED FIREMEN (oo ie caeeeee 
§ 215; \ APPLICATION OF PROVISIONS, OF AGT asi. c.g. act ie 
§ 216." PENSION. CERTIFICATES. 3.5 -oiwie. hoe Gee bs ete eis ee eke eee 
§ 217. FORFEITURE OF PENSIONS ...... IST «aha he Wolke Yolo se eae vas ee 
§ 218. PENSIONS PRORATED WHEN FUND INSUFFICIENT .......... 
§ 219. BOOKS AND ACCOUNTS OPEN FOR INSPECTION .............. 
§ 220. DIVISION OF POLICE AND FIRE DEPARTMENT RELIEF FUND 
§ 221. PENSIONS EXEMPT: FROM EXECUTION .2.0),..5504- 50 a-eee 
§ 222. DISCHARGE:OF FIREMEN 2.2.0.0 2.25.5.; POA BE UED AO. Oo ite (eee pied 
§ 228. ..CITY ATTORNEY, TO ADVISE: BOARD. 22. 20 ech see a lel eee 
§ 224. REPEAL OF SECTIONS OF 1903 CHARTER .................000: 
§ 225. POWERS. VESTED IN *COUNCGCH ria Bianco ss nphas tele vivir meer 


§ 226. §8§196 to 226 INCLUSIVE, RETAINED IN CHARTER AS AMENDED 
(§ 176, 1903 CHARTER AS AMENDED) |. 2.4.20 220. eee eee ; 


Chapter 10 


BOND ISSUES 
ARTICLE 1. General Provisions: 


§ 227. . ISSUE-AND SALE’ OF BONDS) i737 o ci8 ti as ets ae een 
§ 228. VALIDATING PREVIOUS BOND ISSUES... tc. .0. os eee 
§ 22812. REFUNDING OF WATER. BONDS | 1.0 245 oes es ee 
§ 228%. WATER - REFUNDING BONDS. ;.... 02 0.25. <oaesieic «cle se eee 


ARTICLE 2...Refunding Bonds: 
S 229.) ISSUE, AND: SALE?) OF BONDS ca.. i siw a eteversgeeeeeee high. Bisia M eee 


ARTICLE 3. Park and Boulevard Bonds: 


§ 230. ISSUE AND SALE OF BONDS:....... aes fie a 
§ 220-2. RECONSTRUCTION BONDS) 0/2 ).2 ee eae Ne 
§ 230-b. PLAYGROUND BONDS. 01% ..5....000e.0- One A ae 


ARTICLE 4. Hawthorne Avenue Bridge Bonds: 


$°231-°:-ISSUEVAND SALEVOE BONDS tase dice cae ae AS hon 
§ 232; HAWTHORNE AVENUE BRIDGE OPUND (oes cs se eee eee 


§ 233. AUTHORIZING CONSTRUCTION HAWTHORNE AVENUE. 
BRIDGE oie ieke SOG i oe cae eae eet ee » 


4. AUTHORIZING -CONDEMNATION OF PROPERTY. ..:........... 
5. sFRANCHISE “RIGHTS. ON: BRID Gh rr eee celine neta sat ieee eee 


ARTICLE 5. Broadway and Ross Island Bridge Bonds: 


§ 236. ISSUE AND SALE OF BONDS; GENERAL PROVISIONS ........ 
§ 236%. BROADWAY AND ROSS ISLAND BRIDGE ACCESS BONDS.. 


ARTICLE 6. Fire Boat, Fire Main and Fire Department Construction Bonds: 
$287) VISSUB- AND SALE OF BONDS ise ie ee ee 
$237-a. FIRE DEPARTMENT CONSTRUCTION BONDS.. ’. Giiely tat ates ee 
ARTICLE 7. Crematory Bonds: 

§ 238. ISSUE AND SALE OF BONDS 


a 


ARTICLE 8. Public Auditorium Bonds: 


¢ 239. CREATION OF COMMISSION; TERMS OF OFFICE ............. ) 
Seat us ND PRGULA TIONS <u foods cso cc dec tle Sines Age F 
Se ieee Bice LINGO RSCONTRA GTS) oy oxtt-n acs cub uceade seen ie naat 
§ 242, PROVISION FOR OREGON HISTORICAL SOCIETY .............. 


§ 243. SAME—POWER TO EMPLOY SUBORDINATES AND CONTROL 
Pe OM aL EOICE What ache aes fhe het rendu sia dig cyt ae Ae k ees 


em eee Lo ON tee merino fos ts yrs eee eo iige cgttnu taislé yack este Oe em 
§ 245. ISSUE AND SALE OF BONDS—SINKING FUND................. 
ere ENC Cg VERN by mete ara fg to fncs!e ore seis ce veers acd 4 naveln male Segue a e's 0 008 
pee ee Ue IGliyPAID OUT OF GENERAL FUND © 0. 5. coe ee ee eee 
ee ULE OMS BUND) econ, oe astute: cscs na eset cess were 


ARTICLE 9. Municipal Jail Bonds: 


Peace leur AN DISA LE OF BONDS: 0/2 ih Cie Sele ore ee cee ebeene 
Seeomr ce NUP BU hieO Hh CPROGRHDS 52. ci corse oo leg tees oe e eipte 
Sez OU No LRUGCLION. OF JAIL BUILDING 220% 00. Sb see wees dee ee 3 


ARTICLE 10. Municipal Garbage Collection Bonds: 


eee mere tur NA Ll OT BON Ds vases ole c er sete crevens sale tao cirin secs os «ae « 
§ 253. EXPENDITURE OF PROCEEDS—GENERAL PROVISIONS...... 
peene et NING Ol GARBAGE COLLECTION RATES. : 3) oo. . 5 20, 3... one ws 


Chapter 11 


STREETS AND THEIR IMPROVEMENT 


a ee et LOIN iG) Wa PTR IG Ey Logan a ae inn aR isis ots «a icteheiats ole gia Stein ecg eleks 
§ 256. ORIGINAL ESTABLISHMENT OF GRADES INF Be AA od Aerie 
§ 257. CHANGE OF GRADE—AUTHORITY OF COUNCIL Rint ic Gets aha Sieleah 
SN GUN ale ee OR Ds tas cir csts fa a iis cae eee oni «oc e ishelgle eave ae 
§ 259. NOTICE TO PROPERTY OWNERS AND HEARING THEREON.... 
§ 260. HEARING ON OBJECTIONS AND CLAIMS FOR DAMAGES ...... 
§ 261. AWARD OF DAMAGES AND ASSESSMENT OF BENEFITS...... 
§ 262. REPEALING SECTIONS 256 TO 264, 1903 CHARTER ............ 
Reco eA LOR OA DP GRADE CROSSINGS. 2. crs sattelta tc acts ele sees dude ties vie 
§ 266. ELIMINATION OF RAILROAD GRADE CROSSINGS ............ 
§ 267. CONFERENCE WITH RAILROAD ENGINEER AS TO PLAN...... 
Secor et LUNG ORC PLANS—-~OBJECTIONS fo. cid he cue ies teate a alate viens Se 
§ 269. CONSIDERATION OF PLANS—DAMAGES AND BENEFITS ..... 


§ 270. APPORTIONMENT OF DAMAGES AND BENEFITS—GENERAL 
RROVISION Sree 6 errr tebe cette a bo tole visas lo ghela ee einin: webebage es has 


oe eee UNDE OR PAYMENT OR DA MAGHS i: vis otha ee. Lecnieac.« 


§ 272. aoe REMONSTRANCES; COLLECTION OF ASSESS- 
pee oe OLN OLN G FA SOOO ERIN US so-i5 0. dove iets sesoliie ote tbiane aietiiy ahaa! a's e's din bieye 
§ 274. RAILWAY COMPANIES NOT RELIEVED FROM DUTY TO PAVE 
§ 275. REMEDY UNDER ART. III, CHAP. 4, CHARTER, NOT AFFECTED 
Se Oe EWS eA IN DALI eae oy ak oe aiclate si. ¢ 0. 40ee Sayan wy Wiel ee dies, «est 
OSs APs hO) ON Laat BCR ote. 5 eet te Rad Sones gs) Sayan d sry b Gace cee ww Slane 
eee me) et LN) PE GNe CO) ees FWY utes cing sate otstelele 4m wipe va to oe gurals «stl? aaers 
§ 275%. es TO ELIMINATE TWO CROSSINGS IN ONE PROCEED- 
§ 276. COUNTY ROADS AS CITY STREETS; RELINQUISHMENT TO 

COU NRY gtsisg4. Biche ee eee wk ye SP EN EN, Sie peanay eto: Heda ela ttVek 
§ 277. CHARTER TO GOVERN PENDING PROCEEDINGS ............. 
§ 278.. BONDING OF STREET IMPROVEMENTS AND SEWERS ........ 
§ 27842. REBONDING ASSESSMENTS ......... ANON. ee tta'd © MRA soos & talk a Site 


[11 ] 


§ 279. 
§ 280. 
§ 281. 


§ 282. 
§ 283. 
§ 284, 


§ 284a. 
§ 284b. 


CO® COG CO COR “A UO COR UP OR (OP COR COR tO COR VOR COR LOA COR UA COR COA CO? COR COR COP CO) (OR COR LOR 
wy) 
i=) 
Oo 


DISTRIBUTION OF ASSESSMENTS BONDED ................... 
GENERAL’ PARK ACT NOT TO. APPLY @ 400-3 9 ee 


BO ORE OS ASP AO SO OL 18s OOO 8 8 OLS OMe ele) ele ere) ieee Wek) ye Shen 6! |e 618) Ole ROMO Len eller etlele gal aliata 


RETAINING CHARTER PROVISIONS AS ORDINANCES ......... 
LOCAL IMPROVEMENT CODE..... PR yah Shc rat reo 
COLLECTION OF DELINQUENT ASSESSMENTS .............. 
COST. OF IMPROVEMENT—ITEMS THEREOF............:..--- 


Chapter 12 
MISCELLANEOUS 


REPEALING 4898 CHARTER (22 7. ei ane ee i ee 
EMERGENCY CLAUSE, 1903 CHARTER (.0.. 4-2 o> 1 ee 
REVISION OF CHARTER—CODIFICATION OF ORDINANCES . 
CHARTER EFFECTIVE JULY 1, 1913 
CERTAIN NOMINATIONS VOID 1). ..(.¢00 0 
CONTRACT WITH HUMANE SOCIETY 
DOCK (BONDS. ose ROE eee ee 
SINKING :FUND5)3c Pia y feted See a es ae ee 
FIRE stops .! 


PS MN RAO FS SO Ie: OO ere ese: 18.ee) 1016 ese, OL eye ee) e826 ral el ai p Ren spite to Neltisy et Sinek rena eee 


9.8" O' 18) 50,6) O; @) Cy Oe Oi 16) Ne te 6, eke «8 Ghee 6) ae ieee 


©) 0 O08) 8 <6 6. 918 ev ole Ke fer .e 6) see 


CREATION OF POLICEMEN’S RELIEF AND PENSION FUND.... 
SOURCE OF FUND 


POO OF Ol OO 8 O10. 18) CNS 8h eo OTS Tone. Slaw ais Meio) “s). & heoten Twi) We ust) aitatt eae maine ite 
OO 8) 8, hep 6 he A erue' 6 ele 0 ‘ee eb) bir erCeetes 


2 SO Ry Sy OO Cee TA: Ol SO: \8: 16 RO 46- 30) lo ah. Sie), Slb we Mee) Tara) einlakiniite tiomneenenne 


CITY. TREASURER CUSTODIAN AND DISBURSING OFFICER. . 
AMOUNT OF SALARY DEDUCTED FOR PURPOSE OF FUND.... 
PENSIONS PAYABLE MONTHLY 
BENEFITS ON RETIREMENT 


9) 5S) SEAM ONO BF OOO) Ci-le. 0 50.6 a Fe ayia" ee / puye te, ree alte ere eee 
FOE) 0 SAR SEO 86 (0) 0B Wee) e. Oe. OJebe) elie © aes a) ee allel eie nee 


« © celle) 6 


BENEFITS TO WIDOWS AND CHILDREN OF DECEASED 
POLICEMEN (yi Roc, Seti ia Boe, Dare ae chimes © Vie cee 


PENSIONS TO TEMPORARY POLICEMEN 
APPLICATION FOR PENSION 


BSR Le) ee) eh SLs) 9's elt ee es es ER real ee 
BO SOE ESTO 8 NG OHO" +0 1Cr.% 0.0) 18) Of eye) enrele he. te te el ee era ee o 


© OO oe NG 0 etiet be) ale aie te el eb 8) tellemana 


PENSION CERTIFICATES 
FORREITURE (OF PENSION: (i002) vis Ae eee 
PENSIONS PRORATED WHEN FUNDS INSUFFICIENT 
BOOKS AND ACCOUNTS OPEN FOR INSPECTION 


2 EOD AO Op MOA ey OFS) 0, Vel ee! ei paises ie; (4) u8)18 cw me) 16 xe) Seip ee et a een eanS 


ols Lems: 18 Ce Key le 
@..F CVONOCe Tee 6 oO Ue 


oe © © we we ew 


PENSIONS EXEMPT FROM EXECUTION 
DISCHARGE OF! POLICE MEN Qisicyad neg int soe 
CITY ATTORNEY EO ADVISE VBOARD 4-07 ohn ats Sonne eam 
ACTS OR PARTS OF ACTS IN CONFLICT HEREWITH REPEALED 
DEFINITION 


OF 9-04 OFS). 6S) LSet R08 0 Leet Pte dvi hei we 


Pe OOS SOO Or SOG OOS) SALADS CLS OOO TNO Ne hen Be ete. (ee eile Me Lees etet naa te tells tie ial he, aeanne 


Chapter 13 


PROCEDURE FOR LAYING OUT, EXTENDING OR WIDENING STREET 


§ 321. 
§ 322. 
§ 328. 


§ 324. 
§ 325. 


SEREET. DEFINED. eevee dates tec ag dee ee oe oe 
REPORT FROM CITY ENGINEER—CONTENTS OF REPORT . 


NOTICE OF REPORT, HEARING THEREON, OBJECTIONS AND 
CLAIMS.OF OWNERS: (1 ho RL on ae See eee 


POWER OF COUNCIL TO ACT UPON HEARING 
RIGHT OF OWNERS TO APPEAL 


Ce  Y 


OOS Le Ne Ve: ee) 9) Kee: (@ 5@\ 67/6" tere (ere, (6 (ele Jere tale, 6) 6 eens 


§ 326. POWER OF COUNCIL TO DISCONTINUE OR PROCEED ........ 
Pee me EFM ING LO Nes COME LE LIL) be evs irniei sab olelee 6 evel ied wlelicc enlace 
§ 328. FAILURE OF PROCEEDINGS OF FUND FOR DAMAGES NOT 

ee CP BtUT re OME a a eatin Sic sd PURER Vio teiealg(e wisle els» debe eaten butaie atest 
§ 329. STREET TO BE DECLARED OPEN, WHEN ..............ccecceeee 
RA A EIU SUMO Lil cca cg ects ctuea cele ae san dshievens e wans Oe citees 
§ 331. REFUNDING SURPLUS ..... ara rimcatansine tt Matealdtn gia l@ ci absee sist chs «eck arent 
Sete A DULLTIONAT POWBRS: OF COUNCIDN. 00 0 deuce cca ved cave miaee 
§ 333. PROCEEDINGS MAY BE ABANDONED, WHEN ....... betandett ate a's 
Roem re UEVite EP HOVISIONS eis. vies cased cae chads scdne civ cedatactess 
Mem Hae OA SIG MITIN Sy EC. clea ued viet cc ck ode dwon che cticctas 


Chapter 14 
PROGRESS PAYMENTS; LIGHTING STREETS; MISCELANEOUS BONDS. 


pecee CONTRACTS KOR LIGHTS: :TIMBE-OR (0c. .6 cece css ecaeens ecee 
SEPM UGREGsarAY MENTS (y fo,5 5 vis dete Me eal pele eth ok docs 
Bea et DTS ICTS bee ries cate SALA ee Md od ee on Bate ae, 
$,009.. BRIDGE ACCESS BONDS, SERIES NO. 2 .........cccecevcccence 
Recste ate BOAT AND STATION BONDS (7. <ccccs etter ccc is ees ec, 
§ 341. POLICE AND TRAFFIC SIGNAL BONDS..............cc0cccecees 


[13] 


THE CHARTER OF THE CITY OF PORTLAND, OREGON. 


In effect July 1, 1913, as revised by the Council August 19, 
1914, and containing all amendments subsequently adopted up to 
November 12, 1926, inclusive. 


AN ACT. 


To amend an Act of the Legislative Assembly of the State of Oregon entitled, “An 
Act to incorporate the City of Portland, Multnomah County, State of Oregon, and to 
provide a charter therefor, and to repeal all acts or parts of acts in conflict there- 
with,” filed in the office of the Secretary of State, January 238, 1903, amended by 
the Legislative Assembly of the State of Oregon in 1905, and subsequently 
amended by the people of the City of Portland, providing for a commission form 
of government. 


BE IT ENACTED BY THE PEOPLE OF THE CITY OF PORTLAND, AND THE 
CITY OF PORTLAND DOES ORDAIN AS FOLLOWS: 


That an Act of the Legislative Assembly of the State of Oregon entitled, “An 
Act to incorporate the City of Portland, Multnomah County, State of Oregon, and to 
provide a charter therefor, and to repeal all acts or parts of acts in conflict therewith,” 
filed in the office of the Secretary of State January 23, 1903, amended by the Legis- 
lative Assembly of the State of Oregon in 1905, and subsequently amended by the 
people of the City of Portland, be and the same is hereby amended as hereinafter set 
forth, providing for a commission form of government. 


CHAPTER I. 


Corporate Existence and Powers. 


DEFINITIONS. 

CONTINUATION OF CORPORATE POWERS AND GRANT OF POWERS. 
GRANT OF GENERAL POWERS. 

CONTINUATION OF PROPERTY RIGHTS. 

LEGAL PROCEEDINGS. 

CONTINUATION OF CONTRACT LIABILITY. 

PUBLIC PLACES INALIENABLE. 

SALES OF BUILDING LEASES. 


COP CO? tO? (0? LOR COR CO? (CO? 
OANA oR WN FE 


§ 1. DEFINITIONS: 
The act above named, with all amendments thereto prior to this date, are herein- 
after referred to as “the Charter of 1903,” andi said acts as amended by this measure 


are hereinafter referred to as “the Charter” or “this Charter.” . 
[Ch. 1903, §1; Am. May 8, 1918, part of §1.] 


§ 2. CONTINUATION OF CORPORATE POWERS AND GRANT OF POWERS: 

The municipal corporation now existing and known as The City of Portland 
shall remain and continue a body politic and corporate by the name of The City of 
Portland and by that name shall have perpetual succession andi may sue and be sued, 
plead and be impleaded in all courts of justice and in all actions, suits or proceed- 
ings whatever; may have and use a common seal, and may alter the same at 
pleasure; may purchase, or acquire by the exercise of the right of eminent domain, 
receive and hold property, both real and personal, within or without said city for 
municipal purposes, and shall have the right of possession and control of all public 
parks and levees, buildings and property and of all tracts of land belonging to said 
city and other property which has been or may be hereafter dedicated or in any 


[14] 


manner whatsoever obtained for public purposes of said city, and may lease, sell 
or dispose of the same for the benefit of the city; may receive bequests, gifts and 
donations of all kinds of property in fee simple, in trust or otherwise, for charitable 
or other purposes, and may do all acts necessary to carry out the purposes of said 
gifts, bequests and donations, with power to manage, sell, lease or otherwise dispose: 
of the same in accordance with the terms of the gift, bequest or trust, or * iestagee 2 


in case such gift, bequest or trust be unconditional. 
[Ch. 1903, §2.] 


§ 3. GRANT OF GENERAL POWERS: 

The City of Portland shall be invested within its limits with authority to per- 
form all public and private services, including those of an educational or recreative 
character as well as others, and with all governmental powers except such as are 
expressly conferred by law upon other public corporations within such limits and 
subject to the limitations prescribed by the constitution and laws of the State, and 


to acquire by purchase or otherwise property without its limits. 
[Ch. 1903, §3; Am. May 3, 1913, §2.] 


§ 4. CONTINUATION OF PROPERTY RIGHTS: 

The City of Portland shall continue, under this Charter to have, hold and enjoy 
all property, rights of property and rights of action of every nature and description 
of the municipality now existing and known as The City of Portland, and is hereby 


declared to be the successor of the same. 
[Ch. 1908, §4.] 


§ 5. LEGAL PROCEEDINGS: 

Suits, actions and proceedings may be brought in the name of The City of 
Portland for the recovery of any property, money or thing belonging thereto, in 
law or in equity, or dedicated to public use therein, or for the enforcement of any 
rights of or contracts with said city, whether made or arising or accruing before or 
after the adoption of this Charter. All existing suits, actions and proceedings in 
the courts or elsewhere, to which said city is a party, shall continue to be carried 
on by or against the said city. 

[Ch. 1903, §5.] 

§ 6. CONTINUATION OF CONTRACT LIABILITY: 

All contracts of every description heretofore duly and legally made and entered 
_ into by the said City of Portland shall remain valid andi be binding upon this munic- 
ipality to the extent only that they are now valid and binding upon said City of 
Portland. 

{Ch. 1903, §7.] 

§ 7. PUBLIC PLACES INALIENABLE EXCEPT AS HEREIN PROVIDED: 


The title, rights and interest of the City of Portland in and to all water front, 
wharf property, land under water, and made land built upon same, or any lands on 
the water side of the high water or meander lines of navigable waters as established 
by the original United States surveys and conformed to by the original plats of the 
City of Portland, and all landings, wharves, docks, highways, bridges, avenues, streets, 
alleys, lanes, parks and all other public places, and like property that it may now 
own or hereafter may acquire, are hereby declared to be inalienable. The rights of 
the city therein shall not be divested or vacated for a distance of two thousand feet 
from any meander line of any navigable water, or one thousand feet from any rail- 
road depot or terminal yard; provided, that at a greater distance than specified above 
from any such meander lines and railroad terminal streets may be vacated on 
proceedings prescribed elsewhere in this charter, except that the ordinance of vaca- 
tion shall require for its passage a vote of at least four-fifths of all the members of 
the Council. But whenever the city shall own all the property abutting upon both 
sides of any part of a street, and such part of the street shall be necessary for the 
use of such property of the city for a public purpose the street may be vacated in 
the manner elsewhere provided in the charter or ordinances of the City of Portland 
or the laws of the State of Oregon in force at the time for the vacation of streets; 


[15 ] 


if 


provided, however, that the right herein granted shall only be exercised when such 
vacation shall not interfere with any improvement, proposed by the Commission of 
Public Docks or with access to the water front or any transportation terminal; and 
provided further, to the end that railroad terminal development may be permitted, 
‘ the Council be and it is hereby empowered to vacate in the manner provided by Sections 
362 to 364, inclusive, of the Charter of 1903 as amended June 7, 1909, now retained as 
charter ordinances, and in the manner prescribed by law, and prescribe and fix the 
terms and conditions upon which said vacation shall be made, all of the following 
described streets, or parts of streets, in the City of Portland, Oregon, to-wit: 

Broadway, North, and North 7th street, from the north line of Johnson street to 
the southwesterly line of North Front street. 

North 8th street, from the south line of Marshall street to the southwesterly line 
of North Front street. 

East 20 feet of North 8th street, from the south line of Kearney street extended 
to the south line of Marshall street. . 

West 20 feet of North Park street, from the south line of Kearney street to the 
south line of Marshall street. 

North Park street, from the south line of Marshall street to the southwesterly line 
of North Front street. 

North 10th street, from the north line of Lovejoy street to the southwesterly line 
of North Front street. 

North 10th street, from the north line of Johnson street to the south line of Love- 
joy street. 

North 13th street, from the north line of Raleigh street to the southwesterly line 
of North Front street. 

North 15th street from the north line of Thurman street to a line drawn from the 
intersection of the east line of North 15th street with the south line of Upshur street 
to the intersection of the north line of Upshur street with the southwesterly line of 
Terminal street. 

North 16th street, from the north line of Thurman street to the north line of 
Upshur street. 

Versteeg street, from a line 30) feet northeasterly from and parallel to the south- 
westerly line of Sherlock avenue to a line 100 feet southwesterly from and parallel to 
said southwesterly line of Sherlock avenue. ° 

Kearney street, from. the east line of North 9th street to the east line of North 
Park street. 

Lovejoy street, from the east line of North 9th street to the east line of North 
Park street. 

Lovejoy street, from the west line of North 8th street to the east line of North 
7th street. | 

Marshall street, from the west line of North 10th street to the west line of North 
9th street. 

Marshall street, from the east line of North 9th street to the east line of North 
7th street. 

Northrup street, from the east line of North 9th street to the southwesterly line 
North Front street. 

Northrup street, from the east line of North 12th street to the west line of North 
9th street. 

Overton street, from the east line of North 12th street to the west line of North 
9th street. . 

Overton street, from the east line of North 9th street to the southwesterly line of 
North Front street. 

Pettygrove street, from the east line of North 12th street to the west line of North 
9th street. 

Raleigh street, from the east line of North 13th street to the west line of vacated 
North 12th street. 


[16 ] 


Savier street, from 100 feet west of the west line of North 13th street to the 
southwesterly line of North Front street. 

Upshur street, from the east line of North 17th street to a line drawn from the 
intersection of the east line of North 15th street and the south line of Upshur street 
to the intersection of the north line of Upshur street and the southwesterly line of 
Terminal street. 

Vaughn street and North 18th street, from the west line of North 17th street, to 
a line drawn from the intersection of the east line of North 18th street with the south 
line of Vaughn street to the intersection of the north line of Vaughn street with the 
extension of the west line of North 18th street. 

York street and North 20th street, from a line 30 feet northeasterly from and 
parallel to the southwesterly line of Sherlock avenue to a line drawn from the inter- 
section of the south line of York street and the east line of North 20th street to the 
intersection of the north line of York street and the west line of North 20th street. 

Reed street, from a line 30 feet northeasterly from andi parallel to the south- 
westerly line of Sherlock avenue to a line drawn across said Reed street from a point 
on the south line thereof 100 feet distant, at right angles, from the southwesterly line 
of Sherlock avenue to a point on the north line of said Reed street, 60 feet distant, 
at right angles, from the southwesterly line of Sherlock avenue. 

Southwesterly 30 feet of Sherlock avenue, from the west line of North 19th street, 
extended, to the southeasterly line of Colton street, extended. 

Quimby street, from the west line of North 10th street to the southwesterly line 
of North Front street. 

All that portion of North 14th street between the southwesterly line of North 
Front street and a line drawn perpendicular to North Front street from the southeast 
corner of block 17, Watson’s Addition. 

All that portion of Thurman street between the southwesterly line of North Front 
street and a line drawn perpendicular to North Front street from a point on the south 
line of Thurman street 20 feet east of the east line of North 14th street. 

All that portion of Sherlock avenue, Blackstone street and Lumber street that lies 
between a line 10 feet northeasterly from and parallel to the southwesterly line of 
Sherlock avenue and a line drawn parallel to Sherlock avenue, from the intersection 
of the east line of Blackstone street with the south line of Lumber street and extend 
ing from the southeasterly line of Nicolai street, extended, to the west line of North 
21st street, extended. 

The said streets above named are hereby described by reference to the official 
quarter section maps of the City of Portland prepared pursuant to ordinances of said 
city, which maps are a part of the records of said city. 

Whenever it shall become necessary for the future development of terminal facili- 
ties in the City of Portland to construct overhead viadiucts, the Council is hereby 
empowered by a four-fifths vote of all the members thereof, to vacate, in the manner 
provided by said charter ordinances, the said street areas over which viaducts shall be 
constructed, upon such terms and conditions as the Council shall prescribe, notwith- 
standing said areas may be within two thousand feet distant from any meander line 
of any navigable river or one thousand feet from any railroad depot or terminal yard. 

But replatting of streets wherever situated, in such manner that new ground is 
dedicated or acquired without additional cost to the city of equal area with that 
vacated, and affording equal way and access to the same terminus, shall not be 


deemed within the prohibition of this act. 
[Amendment of June 7, 1921.] 


§ 8. SALES OF BUILDINGS—LEASES: 


The City may sell any buildings owned by it which may not be needed for public 
use. Such sale shall be made by the Council in its discretion when thereto authorized 
by ordinance passed by a vote of at least four-fifths of all the members of the Council 
and approved by the Mayor, the sales to be made only at public auction. 

The Council may rent any of the City’s property not needed for public purposes, 
for a term not exceeding five years. ; 


[17 ] 


A street shall be held to fulfill its function as a street by being used in: any 
way for the purpose of travel, transportation or distribution by or. for the public; 
and where a street abuts against a water way or connects with a railroad terminal it 
may be occupied by any structure or machinery facilitating or necessary ‘to: travel, 
transportation, or distribution, and which does not interfere with full access of ‘the 
public to the uses provided; and this clause shall include and ares to all structures 
necessary in the improvement of the public docks. 

[Ch. 1903, §93; Am. June 5, 1911, §93; Am. Nov. 8, 1910, §93: Am. May 3, 1918, $66.) 


CHAPTER 2. 
Boundaries and Annexation of Territory. 


9. CITY BOUNDARIES. 
10. POWER TO ANNEX TERRITORY. 
11. PETITION FOR ANNEXATION. 
12. ANNEXATION ELECTION. 
13. EFFECT ON PROPERTY RIGHTS; ON LIABILITIES. 
14, AMENDMENT OF BOUNDARIES. 
§ 15. LIABILITY OF ANNEXED TERRITORY FOR IMPROVEMENTS. 


§ 9. CITY BOUNDARIES: 

- All property surrounded by the corporate limits of the City of Portigaaa upon 
merging the City of St. Johns, the town of Linnton and the City of Portland, be and 
the same is hereby annexed to and embraced within the City of Portland, and a 
complete description of the boundaries of the City of Portland, since the merging of 
said city of St. Johns and town of Linnton into the City of Portland and annexations 
of territory heretofore and hereby made is as follows: 


Beginning at the quarter section corner of the south line of section 21, of town- 
ship 1 south, range 1 east of the Willamette Meridian, in Multnomah County, State 
of Oregon, and running thence east following the south line of section 21 and the 
south line of section 22 to the center of the main channel of the Willamette river; 
thence southerly following the center of the main channel of said river to a point. 
in the westerly prolongation of the south line of Sellwood according to the duly re- 
corded plat thereof; thence easterly along the south line of said Sellwoodto the 
southeast corner of said Sellwood according to the duly recorded plat thereof; thence 
northerly along the east line of said Sellwood according to the duly recorded plat 
thereof to the south line of section 23 in said township and range; thence east along 
the south line of sections 23 and 24 in said township and range and along the south 
line of section 19 in township 1 south, range 2 east of said Willamette Meridian to 
a point 30 feet east of the east line of the Jacob Wills Donation Land Claim if pro- 
duced south; thence north 30 feet east of and parallel to a southerly extension of the 
east line of said Jacob Wills Donation Land Claim and along the east line of said Jacob 
Wills Donation Land Claim and a northerly extension thereof to the south line of sec- 
tion 18 of township 1 south, range 2 east; thence east to the northeast corner of section 
20 of said township 1 south, range 2 east; thence south one-half mile to the quarter sec- 
tion corner :between sections 20 and 21 of said township 1 south, range 2 east; 
thence east along the center line of said section 21 to the quarter section corner 
between sections 21 and 22 of said township 1 south, range 2 east; thence north along 
the section line between sections 21 and 22, 15 and 16, 9 and 10 of said township 1 
south, range 2 east to a point. 633 feet north of the north line of section 16 of said town- 
ship 1 south, range 2 east; thence west parallel to said north line of said section 16 
to the section line between sections 8 and 9 of said township 1 south, range 2 east; 
thence north along the east line of sections 8 and 5 of said township 1 south, range 2 
east to the south line of the B. F. Starr Donation Land Claim; thence east along said 
Starr Donation Land Claim, to the north and south center line of section 4 of said 
township 1 south, range 2 east; thence north along the center line of said section 


[18 ] 


4 in said township 1 south, range 2 east and along the center line of sections 33. and 
-28-in township 1 north, range 2 east of said Willamette Meridian to the northeast 
worner of the northwest quarter of said section 28; thence west along the north line 
ofsaid section 28 to the northwest corner of said section 28; thence north to the south 
line (projected west) of the property owned by the Shriners’ Hospital for Crippled 
Children, said point being 30 feet west and 472.28 feet south of the intersection of 
‘the east line of East 82nd street (County Road No. 659), and the southeasterly line 
of Sandy boulevard; thence north 89 degrees, 47 minutes east along the south line of 
‘said: hospital property 685.043 feet to the southeast corner of said property; thence 
north 0 degrees 42 minutes east 857.87 feet along the east line of said hospital 
property to the southeasterly line of Sandy boulevard; thence southwesterly along 
the southeasterly line of Sandy boulevard to the west line of said section 21; thence 
north on the west line of said section 21 to the one-quarter corner between sections 
20 and 21 in said township 1 north, range 2 east; thence west one mile to the quarter 
‘section corner between sections 19 and 20 of said township 1 north, range 2 east; 
thence south one-half mile to the southwest corner of said section 20; thence west 
‘one mile along the south line of section 19 to the southwest corner of said section 
19 of said township 1 north, range 2 east; thence north along the easti line of sec- 
tions 24 and 13 of township 1 north, range 1 east of said Willamette Meridian to a 
‘point 150 feet north of the north line of the county road. known as the Columbia 
Slough road as it existed February 23, 1893 (measured at right angles to said road); 
thence westerly parallel to and 150 feet northerly from said north line of said county 
road to a point in the easterly line of the four and one-half (4%) acre tract of land 
owned by the Spokane, Portland and Seattle Railway Company; thence northeasterly 
along said east line to the most easterly corner thereof; thence northwesterly along 
‘the northerly line of said four and one-half (4%) acre tract of land to the northwest- 
erly side line of the Spokane, Portland and Seattle Railway Company’s right of way; 
thence northeasterly tracing said northwesterly line of said right of way to the 
center line of Oregon Slough; thence northwesterly and at right angles to said north- 
westerly line of said right of way a distance of 80 feet; thence southwesterly and 
parallel to said northwesterly line of said right of way to the center line of 
Columbia Slough; thence westerly following the center line of said Columbia 
Slough to the north line of section 6 in township 1 north, range 1 east of the 
‘Willamette Meridian; thence west along the north line of section 6 of said town- 
‘ship 1 north, range 1 east and along the north line of section 1 of township 1 north, 
‘range 1 west of said meridian to the northerly line of the O. W. R. & N. Company’s 
‘vight of way; thence westerly along the northerly line of said right of way to the 
north line of section 2, said township 1 north, range 1 west; thence west along said 
north line of said section 2-to the center line of the main channel of the Willamette 
river; thence northwesterly along said center line to a point opposite the upper en- 
trance of the Willamette Slough; thence at right angles to the thread of the stream 
of the Willamette river to the point where the center line of the upper entrance of 
the Willamette Slough intersects the Willamette river; thence along the center line 
‘of said upper entrance of the Willamette Slough to a point opposite the point where 
‘the west boundary line of the Jacob Sanders Donation Land Claim in section 34 of 
‘township 2 north, range 1 west of said Willamette Meridian intersects the south 
bank of the upper entrance of said Willamette Slough; thence at right angles to the 
thread of the stream) at the center of the Willamette Slough to said point on the west 
boundary of the Jacob Sanders Donation Land Claim; thence south along the west 
boundary of said donation land claim to the north line of township 1 north, range 1 
west of said Willamette Meridian; thence west along said township line to its inter- 
section with the half-section line north and south in section 4 of township 1 north, 
range 1 west of said Willamette Meridian; thence south along said half-section line 
to..its.intersection with the center line of Cornell Road, being County Road No. 652; 
thence, southeasterly along said center line to its intersection with the. south boundary 
‘ofthe northeast quarter of section 15 of said township 1 north; range:1 west; thence 
east along said south boundary line to the west line of section 14: ‘off said township 


ig?) 


1 north, range 1 west; thence south along said west line to the southwest corner of 
said section 14; thence east along the south line of said section 14 to the southeast 
corner of said section 14; thence south along the section line between sections 23 and 
24 of said township 1 north, range 1 west to the southwest corner of said section 
24; thence east along the south line of said section 24 to the southeast corner of 
said section 24; thence south to the quarter section corner between section 25, of 
township 1 north, range 1 west, and of section 30, of township 1 north, range 1 east 
of said Willamette Meridian; thence east along the half-section line of said section 
30 to the east line of said section; thence south along the east line of sections 30 
and 31 of said township 1 north, range 1 east to the southeast corner of said section 
31; thence east one-half mile to the quarter section corner on the north line of sec- 
tion 5 of said township 1 south, range 1 east; thence south two miles to the quarter- 
section corner between sections 8 and 17 of said township 1 south, range 1 east; 
thence east one mile to the quarter section corner between sections 9 and 16 of said 
township 1 south, range 1 east; thence south two miles along the half-section line 
of sections 16 and 21 in township 1 south, range 1 east, to the quarter section corner 
on the south line of section 21 of township 1 south, range 1 east, which is the place 
of beginning. 

(Charter 1903, revised to November 4, 1924, containing amendments of June 5, 
1905; June 3 ,1907; November 3, 1908; November 8, 1910; November 5, 1912; June 
3, 1919; November 4, 1924). 


§ 10. POWER TO ANNEX TERRITORY: 


The City of Portland may annex additional territory contiguous to and adjoining 
the limits of said city in the following manner, and such territory and the inhabitants 
thereof when so annexed shall become a part of said city and subject to the jurisdic- 


tion thereof. 
[Ch. 1908, §13.] 


§ 11. PETITION FOR ANNEXATION: 


Whenever a petition shall be filed in the office of the Auditor of said city de- 
scribing any such territory and defining the boundaries thereof, signed by the quali-. 
fied voters of such territory in number equal to fifteen (15) per cent. of the qualified 
voters of such territory voting at the last preceding general election, expressing the 
desire of said petitioners for the annexation of such territory, the council of said 
city shall consider and determine whether the annexation of such territory, or any 


part thereof, shall be submitted to the qualified voters thereof. 
[Ch. 1908, §14.] 


§ 12. ANNEXATION ELECTION: 


The Council may by a four-fifths vote thereof pass an ordinance providing for 
the submission of the question of the annexation of such territory, or any part thereof, 
either alone or together with any other territory designated in said ordinance, to the 
qualified voters residing in the territory so designated at the next general election 
held therein; provided, such ordinance shall be passed at least thirty days before said 
general election. Whenever the territory so to be annexed shall include a part but 
not the whole of any voting precinct, the County Clerk of Multnomah County shall 
furnish a safficient number of ballots to supply the voters of such precinct who re- 
side within the territory so to be annexed, upon which shall be printed the question 
of the annexation of such territory, and shall supply for the voters of such precinct 
who do not reside within said territory ballots upon which such questions shall not 
appear. 

It shall be the duty of the Auditor to furnish previous to the time of the election 
to the judges of election of each of such precincts a plat and description of the terri- 
tory so to be annexed showing the part thereof within the limits of such precinct. 
Said judges shall ascertain the residence of each voter applying for a ballot at such 
election and shall furnish the ballot’ having printed thereon the question of the an- 


[ 20 ] 


nexation of such territory to voters residing within such territory and to none others. 
[Ch. 1903, §15; Am. May 8, 1913, §4.] 


§ 13. EFFECT ON PROPERTY RIGHTS; ON LIABILITIES: 


In case of a majority of the qualified voters residing in such territory and voting 
on said question vote in favor of such annexation, such territory shall on the first 
day of July next following said election be and become a part of the City of Port- 
land. All rights and property, both real and personal, then vested in or belonging 
to any therein existing local municipal corporation or corporations, excepting school 
districts, or in or to the public of said territory, including all parks, public grounds, 
buildings and improvements, and all rights or property in public streets or highways 
(including within the meaning of the word streets any way mentioned in any defi- 
nition or explanation of said word contained in this Charter) and also including all 
other rights and property vested in or belonging to said corporation or in or to the 
public of said territory, of every nature whatever whether of the same or similar 
general nature as those above, expressly mentioned or differing therefrom in kind, 
nature, degree or otherwise, shall thereupon become and be rights and property of 
the City of Portland, but all county roads.lying within the limits of such annexed 
territory which have not been laid out or accepted as streets, such as above referred 
to, by such local municipal corporation or corporations shall remain and be county 
roads until they are laid out or accepted as such streets by said city, and be under 
the jurisdiction of the County Court of Multnomah County, Oregon, and shall be 
worked. maintained, and improved as county roads outside the ‘limits of said city 
are worked, maintained and improved. Andi all debts, liabilities and obligations of 
such local municipal corporation or corporations shall thereupon become and be lia- 
bilities of the City of Portland, and the City of Portland shall thereupon assume, be- 
come liable for, pay, satisfy or discharge all the debts, liabilities and obligations of 
such local municipal corporation or corporations, and the inhabitants of such annexed 
territory shall become subject in all respects to the jurisdiction of the authorities 
of said city, and the jurisdiction of any public authority exercised theretofore in such 
annexed territory shall, so far as it is in conflict with the corporate authority of 


said city thereupon cease and determine. 
[Ch. 19038, §16.] ; 


§ 14. AMENDMENT OF BOUNDARIES: 


The Council shall thereupon, by resolution so alter and amend section 9 of this 
Charter, and the boundaries of said city as therein prescribed and set out as to in- 
clude such annexed territory within the boundaries of said City and said section 9 as 


so amended shall be a part of this Charter and be in full force and effect. 
[Ch. 1908, §17.] 


§ 15. LIABILITY OF ANNEXED TERRITORY FOR IMPROVEMENTS: 


Such annexed territory or any portion thereof shall be liable to such part as 
the Council may apportion upon it, of the costs of any public improvement made by 


the Council which shall benefit the same. 
[Am. May 3, 1913, §5.] 


CHAPTER 3. 


Government. 
ARTICLE 1. COUNCIL. 


§ 16. COUNCIL HAS POWER OF FORMER BOARDS AND COMMISSIONS. 
§ 17. ABOLITION OF CERTAIN BOARDS AND COMMISSIONS. 

§ 18. GRANT OF GENERAL POWERS. 

§ 19. INITIATIVE—REFERENDUM AND RECALL. 

§ 20. MUNICIPAL POWERS VESTED IN COUNCIL. 

§ 21. ELECTIVE OFFICERS. 


[ 21 ] 


. QUALIFICATIONS. gt? daa Ge oa 
BOND. Cee . . | 
PROHIBITED INTERESTS 
INTEREST IN CITY CONTRACT PROHIBITED. 
DEVOTE ENTIRE TIME TO CITY BUSINESS. 
_ OATH OF OFFICERS. 
SALARIES. 
VACANCY IN OFFICE. 
MANNER OF FILLING VACANCIES. 
EMERGENCY FUND. 
INVESTIGATIONS. 
SALOON. LICENSE AND SCHOOL HOUSES. 
CONTINUATION OF SPECIFIC POWERS. 
FINES AND IMPRISONMENT FOR VIOLATION OF ORDINANCES— 
DETENTION HOME. 
ENUMERATION OF POWERS NOT A LIMITATION. 


wWoHWwwwwnhymnryhdtbd bo bo bo 
AR ONE SSHSASULSLS 


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§ 16. COUNCIL HAS POWER OF FORMER BOARDS AND COMMISSIONS: 


.. All powers conferred and; duties devolved by the sections of the Charter of 1903, 
not repealed by this Charter, upon the Executive Board, the Water Board and other 
Boards and Commissions abolished by this Charter shall, from and after the adoption 
of this Charter be-exercised and performed by the Council. 

[Am. May 8, 19138, part of $1.) 


S17. ABOLITION OF CERTAIN BOARDS AND COMMISSIONS: 


No Boards now existing under the Charter of 1903, as amended, except The 
Department of Public. Docks and the Civil Service Commission which shall be called 
the Civil Service Board and neither of which Commissions shall be abolished, shall 
continue to exist more than six months after this Charter takes effect, and until 
such: time such other boards and commissions shall be subject to full regulation or 
abolition by the Council; provided, that the Executive Board shall cease to exist on 
Julyids A9LS: 

The Council may, in the exercise of its general legislative powers, create and 
establish such boards and commissions as it may deem necessary and may abolish 


the same or aiter their: personnel from time to time. 
: [Am. May 8, 1918, part of §93; Am. June 2, 1913, part of §93.] 


§ 18. GRANT OF GENERAL POWERS: 


The Council shall have and exercise all powers and authority conferred upon the 
City of Portland by this Charter or by general law, except where such power is herein 
expressly bestowed upon some other officer to the exclusion of the Council. 

[Am. May 3, 1918, part of §56.] 


§ 19. INITIATIVE—REFERENDUM AND RECALL: 


The initiative, referendum and recall shall be exercised within the City of 
Portland in the manner provided by the constitution and general laws of the state, 
and ordinances of the City of Portland, enacted in pursuance thereof. 

[Am. May 38, 1918, part of §56.] 


§ 20. MUNICIPAL POWERS VESTED IN COUNCIL: 


The power and authority given to the Moniopal Corporation of the City of 
Portland is hereby vested: in’ a Council’ consisting of ‘a Mayor’ and four Commission- 
ers, subject to the” initiative and referendum and ‘other powers reserved to the people 
by the Constitution of the State of Oregon, | as defined and prescribed by the pro- 
visions of the Constitution and general laws, ‘relating ‘thereto, and by the provisions 


of this Charter and ordinances enacted in pursuance, thereof. 
[Am. May 3, 1913, §6.] Me te 


[ 22] 


§ 21. ELECTIVE OFFICERS: 


‘There shall be no elective officers of the City of Portland other than the Mayor, 
four Commissioners and the Auditor. All said officers shall be elected at large by 
the legal voters of the City of Portland andi for a term of four years, except as pro- 


vided in Sections 30 and 123 of this Charter. 
[Am. May 38, 1913, §§ 7-8.] 


§ 22. QUALIFICATIONS. 


The Mayor and every Commissioner shall be a citizen of the United States and 
of the State of Oregon, and shall have been a resident of the City of Portland for a 
period of not less than three years immediately preceding the beginning of his term. 
If any Mayor or Commissioner shall be chosen without such qualifications or shall 


cease to have the same, the office shall immediately become vacant. 
[Am. May 8, 1913, §9.] 


§ 23. BOND: 


The Mayor and every Commissioner before entering upon the duties of his office 
shall execute to the City of Portland a penal bond in the sum pf $25,000.00 payable 
to the City of Portland and conditioned generally for the faithful performance and 
discharge of his duties and office, and the full amount of such bond shall be recov- 
erable by, and shall be forfeited to the City of Pprtland as fixed and liquidated 
damages accruing to the City of Portland upon proof of unfaithfulness, corruption, 
malfeasance or delinquency in office of any Mayor or Commissioner with respect to 
any official duty. 

An action to establish such unfaithfulness, corruption, malfeasance or delin- 
quency may be brought in the name of the City of Portland in any court of competent 
jurisdiction. Such bond shall be executed as surety by some responsible surety com- 
pany authorized to do a surety business in the State of Oregon, and approved by 
the Council. The Council may require, by a resolution adopted by majority vote, 
other or additional surety, whenever, in its judgment, the surety on any such bond is 
not satisfactory or responsible. Such bond when so executed and approved by the 
Council shall be filed with the Auditor. The premiums on such bonds shall be paid 
by the City. 

[Am. May 8, 1913, §10.] 


§ 24. PROHIBITED INTERESTS: 


No person appointed or elected to the office of Mayor or Commissioner shall be 
directly or indirectly pecuniarily interested in any public service corporation en- 
gaged in business within the City of Portland or in or with any person or corporation 
having contracts with the City of Portland. Any person so interested shall be dis- 
qualified to hold the office of Mayor or Commissioner. If any such officer shall 
voluntarily become so interested while in office, his office shall at once become 
vacant. If he shall become so interested otherwise than voluntarily he shall within 
ninety days divest himself of such interest, and failing to do so his office shall be- 


come vacant upon the expiration of the said period of ninety days. 
[Am. May 8, 1918, §§11-12.] 


§ 25. INTEREST IN CITY CONTRACT PROHIBITED: 


Any contract with the City of Portland, in which any Mayor or Commissioner 
is directly or indirectly pecuniarily interested, shall be wholly void and incapable of 
ratification, and no recovery shall be had thereon directly or indirectly, or upon quan- 
tum meruit, without respect to whether labor, services or material or other thing of 


value have been received and retained by the City of Portland by virtue of any 
such contract. 
[Am. May 38, 1913, §18.] 


[ 23 ] 


§ 26. DEVOTE ENTIRE TIME TO CITY BUSINESS: 


No Mayor or Commissioner shall, during his term of service, hold any other of- 
fice, or position of profit, or pursue any other business or vocation, or serve on or 
under any committee of any political party. He shall devote his entire time to the 


duties of his office. 
fAm. May 8, 1913, §14.] 


§ 27. OATH OF OFFICERS: 


Every Mayor and Commissioner before entering upon the performance of his: 
duties shall take an oath or affirmation that he will support the Constitution of 
the United States and of the State of Oregon, and will faithfully and honestly dis- 
charge his duties; that he is not directly or indirectly pecuniarily interested in any 
public service corporation engaged in business in the City of Portland or in or with 
any person or corporation having contracts with the City of Portland; that he holds 
no other office or position of profit, and that he is not a member of any committee 
of any political party. If such oath or affirmation be false in any particular it shall 
be deemed a delinquency in office on the part of such Commissioner. 

[Am. May 38, 19138, §15.] 


§ 28. SALARIES: 


The Mayor shall receive an annual salary of $6000.00, and each Commissioner 
shall receive an annual salary of $5000.00, which salaries shall be audited and paid 


monthly. 
[Am. May 8, 19138, §16.] 


§ 29. VACANCY IN OFFICE: 


A vacancy shall exist when the Mayor or a Commissioner fails to qualify by 
taking the oath andi filing the bond on or before July 1 following his election or 
within ten days after notice of appointment to fill a vacancy, dies, resigns, is re- 
moved from office, is convicted of a felony, is judicially declared a lunatic 
or is judicially convicted of corruption, malfeasance or delinquency in office. 
A vacancy shall also occur when the Mayor or a Commissioner absents himself from 
his duties or from the City of Portland without the consent of the Oouncil expressed 
by ordinance for more than thirty days in any one year. The pay of the 
Mayor or any Commissioner shall cease after thirty (30) days’ absence from the city, 
but the Council may grant leave of absence without pay for a further reasonable 
period, upon good cause being shown. No act of the Council in which any member 
participated whose office was vacant at the time, as herein provided, shall be for that 
reason invalid, unless the vacancy shall have been previously ascertained and de- 


clared by act of the Council or judgment of a court. 
[Am. May 8, 1918, §17.] 


§ 30. MANNER OF FILLING VACANCIES: 


If a vacancy occur in the office of Mayor or Commissioner the Council shall 
appoint an eligible person to fill such vacancy until the next general municipal 


election. : 
[Am. May 8, 19138, §18.] 


§ 31. EMERGENCY FUND: 


There shall be annually appropriated and set apart the sum of $5000.00 to be 
known as the “Emergency Fund of the Council” and the Council may use and expend 
such fund, or any part thereof, in its discretion for any purpose it may deem proper 
or advantageous to the public welfare, and shall not be required to furnish vouchers 
showing the purposes for which such expenditures were made. No part of such fund 
shall be used as compensation or additional salary or for the personal benefit of any 


Commissioner. 
[Am. May 8, 1918, §33.] 


[ 24 ] 


§ 32. INVESTIGATIONS: 


The Council, or a committee of the Council duly authorized by it, may investigate 
any board or department of the city government, and the official acts and conduct 
of any city officer, employee or agent; and for the purpose of ascertaining facts in 
connection with such investigation shall have full power to compel the attendance 
and testimony of witnesses, to administer oaths and to examine such persons as it 
may deem necessary, and to compel the production of books, documents and other 
evidence. Willful false swearing in such investigations and examinations shall be 


perjury and punishable as such, under the laws of the State of Oregon. 
[Ch. 1903, §47.] 


§ 33. SALOON LICENSE AND SCHOOL HOUSES: 


No license shall be granted to any person or persons to vend, deal in or dispose 
of any spirituous, vinous, fermented or malt liquors (except to regularly licensed 
druggists or to grocers who may be authorized to sell such liquors not to be used 
or drunk upon the premises) within four hundred feet, measured on street lines of 


any block on which a public school building is situated within the City of Portland. 
[Am. May 8, 1913, §55.] 


§ 34. CONTINUATION OF SPECIFIC POWERS: 


The specific powers granted to the City under Sections 73 and 73% of the Charter 
of 1903 shall continue to be exercised by the Council as a part of the general grant 


made by the Charter. 


[Am. May 3, 1913.]* 
*SUBJECTS FOR LEGISLATION. 


Section 73. (Charter of 1903.) The Council has power and authority, subject 
to the provisions, limitations and restrictions in this Charter contained: 

(1) To exercise within the limits of the City of Portland all the powers com- 
monly known as the police power to the same extent as the State of Oregon has or 
could exercise said power within said limits. 

(2) To make and enforce within the limits of the City all necessary water, 
local, police and sanitary laws and regulations. 

(3) To provide for the punishment of a violation of any ordinance of the City 
by fine or imprisonment not exceeding five hundred dollars’ fine or six months’ im- 
prisonment, or both, or by forfeiture as penalty; and for working any person sentenced 
to such imprisonment upon any public work or in any public place during the term 
thereof, and to provide for the punishment of any person sentenced to imprisonment 
who shall refuse to work when ordered. 

(See § 35 this Charter.) 

(4) Ta provide for entering into contracts by the City for a period not exceed- 
ing two years, except as in this Charter otherwise provided. 

(5) To accept or reject all property, real, personal or mixed, given, conveyed, 
devised or bequeathed to the City, and to provide for the execution of all trusts if 
accepted by the City. 

(6) To purchase, or acquire by condemnation, such property, real and personal, 
as may be needed for public use. 

(7) To provide for the purchase of property levied upon under execution in 
favor of the City, but the sum bid on such purchase shall not exceed the amount of 
the judgment and costs. 

(8) To purchase, take and hold real or personal property when sold for a de- 
linquent tax or assessment levied or imposed under the authority of the City of Port- 
land, and to sell and convey the same. But the sum bid by the City on,or for any 
piece or parcel of property, so sold for a delinquent tax or assessment, shall not 
exceed the amount of the tax, and the necessary costs and expenses on such piece or 
parcel of property. 

(9) To provide for the sale at public auction, after advertising for not less than 


[ 25 J 


five days, of all personal property unfit or unnecessary for the use of the:City. — 
(10) To provide for the lease of lands now or hereafter owned by the City, jbut 
all leases shall be made at public auction to the responsible bidder offering the highest 
monthly rent after publication of notice thereof for not less than ten days. Na lease 
shall be authorized except by ordinance passed by the affirmative vote of two-thirds 
of the members of the Council and approved by the Mayor, and no lease shall be made 
for a longer period than five years, except as herein otherwise provided. — ’ 

(11) To provide for the location and construction of any ditch, canal or pipe 
for the conduct of water, and any drain, sewer or culvert it may deem necessary or 
convenient, and for such purpose it shall have a right to enter upon any land be- 
tween the terminal of such ditch, canal or pipe or drain, sewer or culvert, for the 
purpose of examining, locating and surveying the line of such ditch, canal, pipe, 
drain, sewer or culvert, doing no unnecessary damage thereby, and to appropriate so 
much of said land as may be necessary for the construction of said ditch, canal, sewer, 
pipe, drain or culvert in like manner as provided by the laws of this State for the 
appropriation of lands or right of way by corporations, and to appropriate and divert 
from its natural course or channel, for the purpose of drainage or flushing any drain, 
sewer or culvert, any spring or stream of water and compel the extension of gas, 
water and sewer connections from the main sewer or pipe to the curb line of the 
sidewalks of all public streets. 

(12) To provide for the opening, laying out, establishing, altering, extending, 
vacating and closing or for establishing and changing the grades of streets, squares, 
parks, public places, and to provide for the improving and repairing of streets, 
squares, parks and public places or of any land over which any right of way has been 
obtained, or granted for any purpose of public travel by means of any kind of work, 
improvement or repair mentioned in this Charter, subject to the provisions and limi- 
tations contained in this Charter, and) in the Constitution of the State of Oregon. 

(18) To provide for lighting the streets, public grounds, buildings and places, 
and furnishing the City with electric, gas or other lights, by contract or by means 
of its own plant, subject to the conditions and limitations contained in this Charter, 
and the Constitution of the State of Oregon. 

(14) To provide by ordinance for securing the payment of wages to mechanics 
and other employees in the service of contractors engaged in doing work of. any 
kind for the City, either by exacting bonds from such contractors or otherwise as 
may seem most advisable. 

(15) To provide for furnishing the City with water, as elsewhere in this Charter 
provided. 

(16) . To provide a seal for the City and seals for the several boards and officers 
thereof and a seal for the municipal court. 

(17) To establish and regulate the fees and compensation of all officers of the 
City, except when expressly provided by this Charter, and for all official services not 
' otherwise provided for in this Charter. : 

(18) To fix a schedule of fees for establishing grades, surveying and marking 
the boundaries of streets, lots or blocks, granting permits for the opening of street 
surfaces, grading streets, laying sidewalks, the erection and inspection of buildings 
and plumbing fixtures therein. 

(19) To fix by ordinance the hours during which all offices and departments 
shall be kept open for business. 


[FINANCE AND REVENUE POWERS] 


(20) To appropriate money to pay the debts, liabilities and expenditures of 
the City or any part or item thereof. 

(21) To grant licenses with the object of, raising revenue or of regulation, or 
both, for any and all lawful acts, things or purposes, and to fix by ordinance the 
amount to be paid therefor, and to provide for the revoking of the same. No license 
shall be granted to continue for a longer period than one year from the date thereof. 
All money received from licenses for vehicles of every description, whether for pleas- 
ure or for business, shall go to the credit of the Street Repair Fund, but the Council 


[ 26 ] 


may in its discretion set aside the moneys arising from licenses upon bicycles for 
the construction or repair of bicycle paths. 

(22) To expend for purposes not in this Charter otherwise authorized during 
any fiscal year moneys out of the General Fund of this city not exceeding in the 
aggregate the sum of $1000.00, no part of which sum shall be expended except by 
ordinance duly passed by the affirmative vote of two-thirds of the members of the 
Council. 

(23) The Council must appropriate annually to the Mayor $600.00 as and for a 
Secret Service Fund, for which he need furnish no vouchers. 

(24) Except as otherwise expressly provided in this Charter, the City shall 
not have the power to issue its bonds for any indebtedness, or for any purpose, or 
to increase the bonded indebtedness of the City in any amount or for any purpose 
whatsoever. 


[POWERS RELATING TO PUBLIC HEALTH, WELFARE AND SAFETY] 


(25) To make regulations to prevent the introduction of contagious diseases 
into the City, and to remove persons afflicted with such diseases therefrom to suit- 
able hospitals provided by the City for that purpose, which hospitals may be within 
or without said City; and to provide and to regulate such hospitals; to secure the 
protection of persons and property therein, and to provide for the health, cleanliness, 
ornament, peace and good order of the City. 

(26) To prevent and remove nuisances, and to declare what shall constitute 
the same, and to punish persons committing or suffering nuisances, and to provide 
the manner of their removal, and to make the cost of such removal a lien upon the 
property where such nuisance existed; and to fill up or drain any lots, blocks or 
parcels of land where any stagnant water stands, and to declare the same a nuisance, 
and to make the cost of filling up or draining the same a lien upon the property 
so filled or drained. Such liens may upon the order of the Council be entered in the 
docket of city liens and thereafter collected) in the same manner as assessments 
for street improvements, or may be collected in such other manner as the Council 
may direct. 

(27): To regulate, restrain and to provide for the exclusion from the City, or 
any part thereof, of stock-yards, tanneries, slaughter houses, wash houses and laun- 
dries and all other offensive trades, occupations or businesses. 

(28) To regulate the plumbing, drainage and sewerage of buildings and the 
use of steam boilers and steam generators; to provide for the registration of plumb- 
ers and stationery engineers; to create the offices and define the duties of plumbing 
inspector and of boiler inspector. 

(29) To compel all persons erecting and maintaining privies or cesspools within 
one hundred feet of any street in which a sewer has or may hereafter be constructed, 
to connect the same therewith;. provided, that in cases where blocks are more 
than two hundred feet in width, this authority shall extend to the center of the 
block. 

(30) To regulate the construction, care, use and management of hotels, tenement 
houses, lodging houses and cellars in the City of Portland for the better protection 
of the lives and health of the inmates dwelling therein, and of others. 

(31) To regulate and provide for and determine the number and size of places 
of entrance and exit from all theatres, public halls, places of amusement, churches 
and other buildings used for public gatherings and the modes of hanging doors 
thereat. - 

' (32) To prevent and prohibit the erection of dangerous and unsafe buildings, 
and to cause the removal or tearing down of the same wherever situated. 

(33) To prevent the erection or moving of buildings within the City limits which 
shall: be dangerous to the passers-by or to the adjacent property or an obstruction to 
public: travel; and:.in case any building or structure shall become dangerous to 
passers-by, the Council shall have the power to cause the same to be removed or made 
safe at the expense of the property upon five days’ notice to the owner thereof or 
his agent, and to determine by resolution when the same is dangerous. Such expense 


[27 | 


shall be made a lien upon the property. Such liens may upon the order of the Council 
be entered in the docket of city liens and thereafter collected in the same manner 
as assessments for street improvements or may be collected in such other manner 
as the Council may direct. is 

(384) To define the fire limits and to prohibit the erection or repair of wooden 
buildings within the fire limits; to regulate the height, construction, inspection and 
repair of all private and public buildings within the City; and to create the office 
and define the duties of building inspector; to establish sidewalk districts and to 
determine the character of sidewalks in any of said districts and to specify the time 
at the expiration of which all sidewalks shall be of a specified character. 

(35) To require adequate fire escapes, apparatus and appliances, for protection 
against fire, to be provided in buildings. 

(36) To regulate or prevent the storage, manufacture and sale of dangerous, 
explosive, or combustible materials, including gunpowder, dynamite, giant powder, 
calcium carbide, nitro-glycerine, oil and gas, and to provide for the inspection of the 
same; to prevent by all proper means all risks of injury or damage by fire arising 
from negligence or otherwise. 

(87) To regulate the transportation of gunpowder, dynamite nitro-glycerine 
and other combustibles and explosives through the streets of the City. 

(388) To regulate and prohibit the use of all guns, pistols and firearms, missile 
weapons, fireworks, firecrackers, bombs:and detonators of all descriptions. 

(39) To regulate and prevent public criers, advertising notices, steam whistles, 
the ringing of bells and playing of bands. 

(40) To regulate, prevent and prohibit the erection, maintenance or display of 
signboards and billboards, and of signs, posters or other advertisements, or adver- 
tising matter which are offensive, improper, unsightly, indecent, lascivious or obscene 
upon, along or near the sidewalks, streets or public places. 

(41) To regulate and prohibit the exhibition and hanging of banners and 
placards or flags in or across the street or from houses or other buildings, 

(42) To regulate or to prohibit the driving of horses, cattle, sheep, hogs and 
other animals and livestock through the streets. 

(43) To restrain and regulate the keeping of all domestic animals and to pre- 
vent any and all domestic animals from running at large within the City or any part 
thereof, and to punish those who allow animals so to run; to provide for the im- 
pounding of the same and also to provide for the sale of such animals upon five 
days’ notice. 

(44) To regulate and restrain the keeping and the running at large of dogs; ‘ 
to punish those persons who allow their dogs to be unlicensed or to run at large 
against the regulations established, and to provide for the impounding of dogs and 
for the killing of the same when kept against such regulations, or on which no license 
has been obtained or tax paid as provided by the Council. 

(45) To protect the public from injury by runaways by punishing persons who 
leave horses or carriages in the streets without being fastened. 

(46) To require all railways and railroads to provide proper fenders and other 
safety appliances and the latest and most approved machinery and methods for their 
cars and tracks and the operation thereof for the protection of human life and 
the lessening of danger thereto and to enforce such regulations by such fines and 
penalties as may be prescribed by ordinance. 


[CRIMINAL AND POLICE POWERS] 


(47) To provide for the punishment by fine of not less than twenty-five dol- 
lars nor more than one thousand dollars, or by imprisonment not exceeding two years, 
or both, of any person or persons who may injure, deface, interfere with or destroy 
any of the property belonging to the City or in which the City has any interest, 
right or estate, and to provide that the Municipal Court of (or) the Circuit Court of 
the State of Oregon for the County of Multnomah shall have jurisdiction to enforce 
such punishment or punishments. 


[ 28 ] 


(48.) To regulate and restrain bartenders, saloon keepers, dealers in and man- 
ufacturers of spirituous, vinous, fermented or malt liquors, barrooms, drinking shops 
or places where spirituous, vinous, fermented or malt liquors are kept for sale 
or in any manner disposed of, and the sale and disposal thereof; all offensive and 
dangerous trades, employments or business; and for the purpose of this Charter 
to define and declare who is a bartender, saloon keeper or dealer in spirituous, vinous, 
fermented or malt liquors, and what is a barroom, drinking shop or place where 
spirituous, vinous, fermented or malt liquors are kept for sale or disposed of and 
what are offensive or dangerous trades, employments or businesses. No provision 
of the law concerning the sale or disposition of any spirituous, vinous, fermented 
or malt liquors in Multnomah County shall apply to the sale or disposition of the 
same in the City of Portland. No license shall be granted to any person or persons 
to vend, deal in or dispose of any spirituous, vinous, fermented or malt liquors 
(except to regularly licensed druggists or to grocers, who may be authorized to sell 
such liquors not to be used or drunk upon the premises) within four hundred (400) 
feet, measured on street lines, of any block on which a public school building is situ- 
ated within the City of Portland. 

(49) To prevent and suppress gaming and gambling houses, lotteries or places 
where any game in which chance predominates is played for anything of value, and 
to punish any person who engages in such game, or keeps or frequents such 
houses or sets up or promotes lotteries or sells lottery tickets, to prevent and 
suppress bawdy houses or places where fornication is practiced, and to punish any 
inmate, keeper or frequenter thereof; to prevent and suppress opium smoking and 
houses and places kept therefor and to punish any keeper of such house or place, 
or person who smokes opium therein or frequents the same; to regulate the sale of 
cigarettes, cigars and tobacco and to prohibit the sale of the same to minors. 

(50) To prevent the sale, circulation and disposition of obscene literature, in- 
cluding books, papers, prints, pictures and the like, and to punish any person who 
sells or offers for sale, or who circulates or disposes of such literature, books, papers, 
prints, pictures and the like, and to define and declare from time to time what 
literature, books, papers, prints, pictures and the like are obscene within the purposes 
and province of this provision. 

(51) To prevent trespassing and punish trespassers upon real and personal 
property. 

(52) To restrain and punish intoxication, fighting and quarreling in the City, 
and any disturbance or any unlawful or indecent practice, and to define what shall 
constitute the same. 

(53) To prevent, restrain and disperse any riot or riotous assemblage, and to 
restrain and punish any person taking part therein. 

(54) To define what constitutes vagrancy, and provide for the support, re- 
straint, punishment and employment of vagrants and paupers. 

(55) To prohibit persons from roaming the streets at unseasonable hours. 

(56) To prohibit the carrying of dangerous weapons in a concealed manner. 

(57) To prohibit and prevent cruelty to children and animals; to appropriate 
such sums as may be paid into the treasury from fines collected on conviction of 
persons charged with cruelty to animals or children, and to authorize the payment 
of the same or any part trereof to any society that shall have officially aided in 
such conviction. 

(58) To prohibit the exhibition of deformed or crippled persons, and to pro- 
hibit all persons from begging upon the streets or in public places. 

(59) To establish, change, discontinue or re-establish city jails, prisons, police 
stations, work houses and houses of detention, punishment and confinement. 


[STREETS] 


(60) Except as otherwise provided in this Charter or in the constitution or 
laws of the State of Oregon, to regulate and control for any and every purpose the 
use of the streets, highways, alleys, sidewalks, public thoroughfores, public places 


[ 29 ] 


and parks of the City; to regulate the use of streets, roads, highways and public 
places for foot passengers, animals, bicycles, automobiles and vehicles of all de- 
scriptions. ni ; 

(61) To regulate, restrain and prevent obstructions within the public streets, 
sidewalks and places and to make all needful regulations to keep and maintain the 
public streets, sidewalks and places in a clean, open and safe condition for public 
use; to provide for the removal, impounding and‘ sale or other disposition of such 
bhatructions upon five days’ notice. 

(62) To regulate the use of the streets and sidewalks for the use of Bug 
sign posts, hitching posts, awning posts and bicycle racks. 

(63) To control and limit traffic on the streets, avenues and elsewhere. 

(64) To prescribe the width of tires of all vehicles, and the weight to be 
carried thereby. 

(65) To regulate the use of sidewalks; prevent the extension of building fronts 
and house fronts over the street line, and to prohibit the building and use of barbed 
wire fences; to regulate the limits within which it shall be unlawful to erect steps, 
porticos, bay windows or structural ornaments to houses fronting on any of the 
streets, lanes or alleys of the City. 

(66) To prohibit the planting, growing and use of trees such as may be det- 
rimental to the sewers or to the use of the sewers, and to cause such last-mentioned 
trees to be cut down or removed. | 

(67) To set apart as a boulevard or boulevards any street or streets, or por- 
tion of a street or streets, over which there is no existing franchise for any street 
or other railroad. , 

(68) To provide for surveying the blocks and streets of the City and for mark- 
ing the boundary lines of such blocks and streets; to change by ordinance the num- 
ber, letter or designation of any lot, block or tract of land within the City which 
may be conflicting or otherwise unsuitable and to give by ordinance a designation 
to any tract of land within the City not numbered, lettered or designated. A cer- 
tified copy of such ordinance shall be transmitted by the Auditor to the recording 
officer of the County, who shall record the same in the Record of Plats of said 
County and shall make a reference to the record of such ordinance upon the -re- 
corded plat on file. No charge shall be made by the recording officer. 

(69) To regulate the numbering of houses and lots on the streets and avenues 
and the naming of streets and avenues. 

(70) To provide a series of conduits under the streets, lanes, alleys and public 
places of the City or any part or parts thereof for the use of telephone, telegraph, 
electric light and other wires, or for other purposes, either by constructing said con- 
duits itself or authorizing their construction by others upon such terms and condi- 
tions as the Council may impose, and to regulate and control the use of such con- 
duits, and to prescribe and establish reasonable rentals to be paid by any person 
or company using any of said conduits by whomsoever the same may be constructed 
for the use thereof, and to provide for the collection of such rentals, in addition to 
the ordinary processes, by such summary methods as it may deem proper. If any 
such grant be made to any person, firm or corporation, such grantee shall not have 
power to sublet the same or the use of the same to any person, firm or corporation 
engaged in selling, hiring, leasing or otherwise receiving any income from. the 
business or purpose for which it desires to use such conduits, without such person, 
firm or corporation first obtaining, as provided in this Charter, a franchise for such 
business, purpose or use. 


[COMMERCE] 


(71) To prescribe rates to be charged for transportation of passengers or 
property within the limits of the City by means of vehicles of every description. 

(72) To provide for the establishment of market houses and _ places, and to 
regulate the location and management. thereof. 

.(73). To provide a standard of weights. and measures an i suchon inspec- 


[ 30°] 


tion of weights, measures, food and fuel; to regulate the assize and weight of bread,. 
other food products and fuel, and to prevent the sale of adulterated, unhealthful and 
unwholesome food, and to provide for the seizure and forfeiture of bread, other lee. 


products and fuel offered for sale or sold contrary to said regulations. 
*See §34. 


[WHARVES, DOCKS AND HARBOR. ] 


(74) To Metine the duties of harbormaster, additional to those elsewhere in 
this Charter provided. 

(75) To provide for the removal of Rhetrnecione: debris and other deleterious 
matter from the Willamette River within the City limits and to prohibit putting or 
negligently or wilfully suffering the same to be put therein. 


(76) To regulate the building of wharves, and the driving of piles in. the 
Willamette River within the limits of the City, and to establish lines beyond which 
wharves shall not be built nor piles. be driven. 


(77) ‘To provide for the construction and regulation of landings at the foot of 
the streets terminating at the Willamette River. 


(78) To appropriate money for the deepening, widening, docking, covering, 
walling, altering, or changing channels, waterways, or water courses within the City, 
and to provide for the construction and maintenance of canals, slips, public landing 
places, wharves, docks and levees, and all such other work as may be required 
for the accommodation of commerce; to control and regulate the use thereof and 
to provide for the acquisition by condemnation or otherwise of all such work or 
works by the’ City, and for the construction, maintenance and ownership of the same 
by the City. 

[Ch.' 1903.] 

*Section 7344. The Council has power and authority to provide for the estab- 
lishing and maintenance of a Free Employment Bureau in the City of Portland, 
the expense of establishing and maintaining which shall be paid out of the General 


Fund of the City of Portland. 
[Am. June 3, 1907.] 


§ 35... FINES AND IMPRISONMENT FOR VIOLATION OF ORDINANCES— 
DETENTION HOME: 

(The Council has power and authority, subject to the provisions, limitations and restrictions in 
this Charter contained: * * *) 

To provide for the punishment of a violation of any ordinance of the City by a 
fine not exceeding five hundred dollars, or by imprisonment, or by both, or by con- 
finement in a house of detention or industrial home, such as may hereafter be! pro- 
vided by ordinance, and for working any person sentenced to such confinement dur- 
ing the term thereof, and to provide for the punishment of any such person who shall 
refuse to work when ordered. Such imprisonment in jail shall be for a term not 
exceeding six months, but in case of commitment to a house of detention or indus- 
trial home it shall be for a term not exceeding two years; provided, however, that 
any inmate of such jail, house of detention or industrial home may be paroled 
or released, if in the judgment of the Council such action is advisable, before the 


sentence is fully served. 
[Ch. 1903, Subdiv. 3, §73; Am. June 2, 1918, Subdiv. 8, §73.] 


§ 36. ENUMERATION OF POWERS NOT A LIMITATION: 


The ereooine or other eymmeeation of particular powers granted to “the Council 
in this Charter shall not be construed to impair any general grant of power herein 
contained: nor to limit any such general grant to powers of the same class or classes 
as those so enumerated. 

[Ch. 1908, §74.] | 


[ 31 ] 


ARTICLE 2. MEETINGS AND ORDINANCES. 


§ 37. ORGANIZATION OF COUNCIL. 

§ 38. THE CALENDAR. 

§ 39. AYE AND NAY VOTE. 

§ 40. PRIVILEGE IN DEBATE. 

§ 41. RIGHT OF COUNCIL TO CONTROL ITS MEMBERS. 

§ 42. MEETINGS. PUBLIC AND WEEKLY—JOURNAL OF PROCEEDINGS. 

§ 438. QUORUM. 

§ 44. MANNER OF TRANSACTING LEGISLATIVE AND JUDICIAL 
BUSINESS. 

§ 45. ORDINANCE TO CONTAIN BUT ONE SUBJECT. 

§ 46. ENACTING CLAUSE. 

$ 47. MANNER OF PASSING ORDINANCES. 

§ 48. DATE ORDINANCES PASSED BY COUNCIL TAKE EFFECT. 

§ 49. DATE INITIATIVE AND REFERENDUM MEASURES TAKE EFFECT. 

§ 50. MANNER OF AMENDING AND REPEALING ORDINANCES. 

§ 51. ATTESTATION OF ORDINANCES. 

§ 52. OBJECTIONS TO ORDINANCES. 

§ 538. EXISTING ORDINANCES CONTINUED. 


§ 37. ORGANIZATION OF COUNCIL: 


At its first regular meeting the Council shall elect, by a majority vote, a president. 
The Mayor shall preside at all meetings of the Council. In his absence. or disability 
the President of the Council shall perform the duties of Mayor. In the absence or 
disability of both President and Mayor the other members of the Council shall select 
one of their number to perform the duties of President and Mayor during such 


absence. 
[Am. May 3, 1913, $35.] 


§ 38. THE CALENDAR: 


The Council shall cause to be printed for public use and placed with the Auditor 
for distribution at least twenty-four hours before each legislative session a summary 
of all matters to come before it at the next regular legislative session. No matter 
not contained in said summary shall be considered at such legislative session unless 


four members of the Council shall vote to consider the same. 
[Am. May 8, 1913, §30.] 


§ 39. AYE AND NAY VOTE: 
Upon the request of any member the ayes and nays shall be taken and recorded 


upon any action or resolution. 
[Am. May 3, 1913, §31.] 


§ 40. PRIVILEGE IN DEBATE: 


A member of the Council for words uttered in debate therein shall not be ques- 
tioned in any other place. 
[Am. May 3, 1913, §32.] 


§ 41. RIGHT OF COUNCIL TO CONTROL ITS MEMBERS: 


The Council shall determine its own rules of procedure, may punish its ne 


for disorderly conduct, and may compel the attendance of members. 
[Am. May 8, 1913, §19.] 


-§ 42. MEETINGS—PUBLIC AND WEEKLY—JOURNAL OF PROCEEDINGS: 
All meetings of the Council and all committee meetings of the Council shall be 


[ 32 ] 


public. It shall hold one regular. legislative meeting each week, and such other 
meetings as it may prescribe. The Council shall keep a journal of its proceedings 


which shall be a public record. 
[Am. May 3, 19138, §20.] 


§ 43. QUORUM: 


At any meeting of the Council three members shall constitute a quorum, but a 
less number may adjourn from time to time, and may compel the attendance of 


absent members. 
[Am. May 3, 1913, §21.] 


§ 44. MANNER OF TRANSACTING LEGISLATIVE AND JUDICIAL BUSINESS: 


In the transaction of legislative or judicial business the Council shall act only 
by ordinance. The ayes and nays shall be taken upon the passage of all ordinances 
and entered upon the journal of the proceedings of the Council. Every member when 
present must vote, and every action of the Council, except a motion to adjourn, or 
action to compel the attendance of absent members, shall require the affirmative vote 


of three members. 
[Am. May 3, 1913, §22.] 


§ 45. ORDINANCE TO CONTAIN BUT ONE SUBJECT: 


No ordinance, except one making an appropriation, shall contain more than one 
general subject; ordinances making appropriations shall be confined to the subject 
of appropriations. 

[Am. May 3, 1913, §23.] 


§ 46. ENACTING CLAUSE: 


The enacting clause of all ordinances shall be in the words, “The City of Port- 


land does ordain as follows:” 
[Am. May 838, 1913, §24.] 


§ 47. MANNER OF PASSING ORDINANCES: 


Every ordinance, other than emergency ordinances, shall have three public read- 
ings, not more than two of which shall be at the same regular legislative session. 
At least one week shall elapse between the introduction and final passage of any or- 
dinance and no ordinance shall be amended within one week of its final passage, 
except in case of an emergency ordinance. An emergency ordinance may be enacted 
upon the day of its introduction, providing that it shall contain the statement that 
an emergency exists, and specify with distinctness the facts and reasons constituting 
such emergency. The unanimous vote of all members of the Council present, and ° 


of not less than four (4) members shall be required to pass an emergency ordinance. 
[Am. May 3, 1913, §25.] 


§ 48. DATE ORDINANCES PASSED BY COUNCIL TAKE EFFECT: 


Ordinances (a) making appropriations and the annual tax levy, (b) relative to 
local improvements and assessments therefor, and (c) emergency ordinances, shall 
take effect immediately upon their passage. All other ordinances enacted by the 
Council shall take effect thirty days after their passage, unless a later date is fixed 
therein, in which event they shall take effect at such later date, subject to the refer- 


endum and subject to the provisions of Section 52 of this Charter. 
[Am. May 38, 1913, §26.] 


§ 49. DATE INITIATIVE AND REFERENDUM MEASURES TAKE EFFECT: 


Ordinances or other measures adopted by the electors of the city under the initia- 
tive, or approved by the electors of the city when submitted under the referendum, 


[ 33 ] 


shall take effect atthe time fixed therein; but if no eRe time is designate therein, 


at: the date of the adoption. 
[Am. May 3, 19138, §27.] 


§ 50. MANNER OF AMENDING AND REPEALING ORDINANCES: 


Amendments or repeals of ordinances, or sections thereof, shall also be by 
ordinance.. . 
[Am. May 3, 1913, 528.) 


§ 51. ATTESTATION OF ORDINANCES: 


An ordinance when passed by the Council shall be signed by the Mayor, or in 
his‘ absence by the President of the Council, and attested by the Auditor, and shall 
be. carefully filed and preserved and a record thereof made in a book kept for that 


purpose, marked “Ordinance record.” 
Am. May 3, 1918, §29.] 


§ sa OBJECTIONS TO ORDINANCES: 


At any time within ten days after the passage of any ordinance which shall not 
take effect immediately, any member of the Council may file in writing objections 
to said ordinance which shall be considered and voted upon by the Council at its next 
regular meeting. If a majority shall vote to sustain such objections the ordinance 
shall be. deemed repealed .and shall not take effect unless again passed in the same 
manner as.a new ordinance. If a majority shall vote not to sustain such objections 
the same shall have no effect on the ordinance. The objections together with the vote 
thereon shall be preserved on record. | 

[Am. May 8, 1918, §29.] 


§ 53. EXISTING ORDINANCES CONTINUED: 


zi “An Ricans ordinances of the City of Portland in free when this Charter takes 
effect and not inconsistent herewith, shall be and remain in full force until repealed 


or until they expire by limitation. 
[Ch. 1903, §52.] 


ARTICLE 3. EXECUTIVE AND ADMINISTRATIVE POWERS: | 
“$54. THE DEPARTMENTS—DISTRIBUTION OF WORK.‘ 

§ 55. ASSIGNMENT OF DEPARTMENT TO COMMISSIONERS. 
"8 56. AUTHORITY OF COMMISSIONER OVER HIS DEPARTMENT. 


om § 57. COUNCIL TO ASSIGN WORK TO SUBORDINATES. 
. § 58. ADMINISTRATIVE CODE. 4 cs 


§ 54. THE DEPARTMENTS—DISTRIBUTION OF WORK: 


The executive and administrative powers, authority and duties, not otherwise 
provided for herein, shall be distributed among five departments, as follows: 
(a) Dépattinent of Public Affairs. 
‘2 »{b) Department of ‘Finance. 
(ce) Department of Public Safety. 
-ii) (d) - Department: of Public Utilities. 
iov (e) Department of Public Improvements. 
© The distribution of the work. among them shall -be pre and may be changed 
from time to time by. the Mayor by order which shall be filed and preserved as an 


_ ordinance. The names of the departments may be popnded in like manner. 
[Am. is vee 3, 1913, part of ee 


§ 55. ASSIGNMENT | OF DEPARTMENT TO COMMISSIONERS: 


Ve! 


“At the first regular meeune after the sieeéion: of: any: Councilman, the Mace 


[ 34 ] 


shall designate one member to be Commissioner in charge of ‘each department, who: 
shall thereafter be designated as Commissioner of such department, which designa- 
tion may be changed, and a transfer of Commissioners from one department to 
another be made, whenever it appears that the public service will be benefited thereby. 
Such assignment shall be made by the Mayor by order which shall be filed and pre- 


served as an ordinance. 
[Am. May 8, 1918, part of §37.] 


§ 56. AUTHORITY OF COMMISSIONER OVER HIS DEPARTMENT: 


The Commissioner in charge of each department shall have the supervision and 
control of all the affairs and property which belong to his department, subject to the 


provisions of this Charter and to such regulation as may be prescribed by the Council. 
[Am. May 3, 1913, part of §37.] 


§ 57. COUNCIL TO ASSIGN WORK TO SUBORDINATES: 


The Council shall prescribe the powers and duties of officers and employes, may 
assign particular officers to one or more of the departments and may require an 
officer or employe to perform duties in two or more departments. The Council shall 
make such rules and regulations as may be necessary and proper for the efficient 


and economical conduct of the business of the city. 
[Am. May 3, 1913 part of §36.] — 


§ 58. ADMINISTRATIVE CODE: 


A complete code providing for the administration of the powers and duties of the 
different departments and for their organization shall be enacted by the Commis- 
sioners as soon as possible after their election. Such code shall provide for a uniform 
standard for the purchase of materials and supplies and shall provide a purchasing: 
agent, not under civil service rules to inspect and test the quality and quantity of 
the materials and supplies purchased and determine their exact conformity to speci- 
fications. Provision shall be made for the transfer of employes from one department 
to another. Methods shall be devised for the publication of charts or diagrams 
showing the financial condition, growth, receipts and expenditures of the different 
departments. These publications shall be made at least every six months and shall 
be so published as to give a comparison of the condition at such period with that at 
a prior period. Each department shall keep time reports and cost data and efficiency 
records of its employes which shall be made the basis of promotions and increase 
of salary. Methods shall be provided for by which the heads of departments may 
determine and compare the work accomplished by the department with reference 
to its expenditures. A definite system of accounting shall be provided for each de- 
partment showing the work performed and the material furnished compared with 
the cost thereof so itemized that it can be determined whether each department is 
becoming more efficient or less efficient. All stores and supplies of the city shall be 
properly housed, segregated and tabulated and a perpetual inventory kept showing 
the additions and depletions thereof. Each department shall keep time reports, time 
records and reports of expenses to be compared with the prior month and prior year 
which shall show percentage of increase or decrease and shall also Bech stores ine 


material accounts for like comparison. 
[Am. May 38, 1913 part of §36.] 


ARTICLE 4. THE MAYOR: 


§ 59. HIS DUTIES—ANNUAL MESSAGE. 

§ 60. INSTITUTION OF SUITS TO CANCEL FRANCHISES; INVESTIGA- 
TION OF FRANCHISES. 

INVESTIGATION OF OFFICES. 

SUSPENSIONS FROM DUTY PENDING INVESTIGATION. 

BE NOTIFIED OF VIOLATION OF CONTRACTS. : >: 


[ 35 J 


Lh tn up 
RAD 
read ea 


§ 59. HIS DUTIES—ANNUAL MESSAGE: 


The Mayor shall exercise a careful supervision over the general affairs of the 
city and its subordinate offices. It shall be his duty from time to time to make such 
recommendations to the Council as he may consider to be for the welfare of the city. 
On or before the fifth day of January in each year, he must communicate, by message, 
to the Council a general statement of the conditions and affairs of the city and sub- 


mit therewith the annual budget of current expenses of the city. 
[Ch. 1908, §147.] 


§ 60. INSTITUTION OF SUITS TO CANCEL FRANCHISES; INVESTIGATION 
OF FRANCHISES: 


The Mayor may on his own motion, and must upon a resolution passed by the 
Council directing him so to do, cause to be instituted on behalf of the city such actions 
or proceedings as may be necessary to revoke, cancel or annul all franchises that may- 
_ have been granted by the City to any person, company or corporation, which have 
been forfeited in whole or in part or which for an reason may be irregular and void 
and not binding upon the City, and the City Attorney upon his demand must institute 
and prosecute the suits or actions required to enforce the provisions of this section. 
Each Mayor taking office under this Charter shall cause a careful investigation to 
be made of the exact condition of all franchises theretofore granted by the City, 
and of the respective rights and obligations of the parties, and the performance of 


the same, and shall report the results thereof in each of his annual reports or messages. 
[Ch. 1908, §151.] 


§ 61. INVESTIGATION OF OFFICES: 


The Mayor may at any time, with or without notice, investigate in person or 
through one or more competent persons appointed by him for the purpose, the offices 
and accounts of any department of the City or of any employe, and the official acts 
and conduct of any official or employe in the administrative service of the City, : 
and the money, securities and property belonging to the City.in the possession or 
charge of such department, officers, or employe. For the purpose of ascertaining 
facts in connection with these examinations, the Mayor shall have full power to com- 
pel the attendance and testimony of witnesses, to administer oaths, and to examine 
such persons as he may deem necessary and to compel the production of books, papers 
and other evidence. Wilful false Swearing in such investigations and examinations 
Shall be perjury and punishable as such. The expense of any such investigation 
shall be paid out of the General Fund in the same manner as other claims against 
the city are paid. The result of all such examinations and investigations shall be 


reported to the Council and such report be filed with the Auditor. 
[Ch. 1903, §152.] 


§ 62. SUSPENSIONS FROM DUTY PENDING INVESTIGATION: 


The Mayor shall have the power to suspend, pending an official investigation, 
any officer of the city, except Councilmen, for any official defalcation or wilful neg- 


lect of duty, or official misconduct. 
[Ch. 1903, §158.] 


§ 63. BE NOTIFIED OF VIOLATION OF CONTRACTS: 


It shall be the duty of every officer and person in the employ or service of the | 
City, when it shall come to his knowledge that any contract or agreement with the 
City, or with any officer or department thereof, or relating to the business of any 
office, has been or is about to be violated, forthwith to report to the Mayor all the 
facts and information within his possession concerning such matter. A wilful failure 
so to do shall be sufficient cause for the removal of such officer or employe. The 
Mayor shall give a certificate on demand to any person reporting such facts and in- 
formation that he has done so and such certificate shall be evidenced in exoneration 


from a charge of neglect of duty in that behalf. 
[Ch. 1908, §158.] | 
[ 36] 


ARTICLE 5. THE AUDITOR. 


§ 64. QUALIFICATIONS—FILLING VACANCY IN OFFICE. 
§ 65. SALARY AND BOND. 

§ 66. DUTIES. 

§ 67. DEPUTIES AND CLERKS. 

§ 68. AUTHORITY TO ADMINISTER OATHS. 

§ 69. ACCOUNTS TO BE KEPT AND DEMANDS AUDITED. 
§ 70. RECORD OF DEMANDS. 

§ 71. APPROVAL OF DEMANDS. 

§ 72. APPROVAL OF CERTAIN DEMANDS PROHIBITED. 
§ 73. PRESENTATION AND ALLOWANCE OF DEMANDS. 
§ 74. REGISTER OF WARRANTS—PREFERENCE NOT ALLOWED. 
§ 75. DRAWING WARRANTS. 

§ 76. ISSUANCE OF LICENSES. 

§ 77. RECORDS AND FILES OF COUNCIL. 

§ 78. CERTIFIED COPIES OF RECORDS. 

§ 79. PRESENT OWNERSHIP RECORD. 


§ 64. QUALIFICATIONS—FILLING VACANCY IN OFFICE: 


There shall be an Auditor of the City of Portland who shall possess the same 
qualifications required of a Commissioner and in addition those of an expert account- 
ant. He shall be elected at the general municipal election and shall serve for a term 
of four years. 

If a vacancy occur in the office of Auditor the Council shall appoint an eligible 
person to fill such vacancy until the next general election subject to the provisions 
of law with respect to the recall of officers, and also subject to the provisions of 
this Charter declaring when a vacancy shall exist; the person appointed to fill such 
vacancy must within five days from the date of appointment or election qualify 
therefor as in the case of an officer elected for the full term or he shall be deemed 
to have declined and the office shall be considered vacant. Any such vacancy shall be 


filled at the next general municipal election for the unexpired term. 
[Ch. 1903, §269; Am. May 8, 1913, §97.] 


§ 65. SALARRY AND BOND: 


The salary of the Auditor shall be fixed by the Council and shall not be less than 
thirty-six hundred dollars per annum, payable monthly out of the General Fund in 
the same manner as other salaries are paid. He shall give a bond for the faithful per- 


formance of his duties in such sum as the Council may determine. 
[Ch. 1903, §270; Am. May 3, 19138, §98.] 


§ 66. DUTIES: 


The Auditor is the accounting officer and clerical officer of the city. He shall be 
in personal attendance at his office daily during office hours. He shall receive and 
preserve in his office all accounts, books, vouchers, documents and papers relating to the 
accounts and contracts of the city, its debts, revenues and other financial affairs. He 
shall give information as to the exact condition of the treasury and of every appropria- 
tion and fund thereof upon demand of the Mayor or the Council, or any Commissioner. 
He shall be the custodian of the city’s seal and shall perform such other duties as this 
Charter or the Council may direct. He shall keep the records and accounts of the 
city in a complete and intelligible manner. He shall make a semi-annual statement 
to the Council showing the receipts and disbursements of the city and the state of 
each particular fund at the close of business on the 3lst.day of May in each year, and 
shall also prepare and transmit to the Council on or before the 15th day of December 
in each year a report of the financial transactions of the city during the calendar 
year ending the 30th day of November next preceding and of its financial condition 


[37 ] 


at the close of business on said 30th day of November. The report shall contain an . 
accurate statement in summarized form and also in detail of the financial receipts of 
the city from all sources and of the expenditures of the city for all purposes, to- 
gether with a detailed statement of the debt of said city, of the purposes for which 
said debt had been incurred and of the property of said city, and of the accounts of 
said city with grantees of franchises, and also a statement showing all franchises, 
permits, or other privileges then in effect, and the purpose for which the same were 
granted and the names of the present owners of each thereof. 

As a part of each annual statement of the Auditor, he shall include therein an in- 
ventory of all public property of the city together with its condition and approximate 


value and shall also include therein a summary of the assets and liabilities of the city. 
[Ch. 1903, §273; Am. May 8, 1913, §99.] 


§ 67. DEPUTIES AND CLERKS: 


The Auditor may appoint, subject to the Civil Service rules of this Charter, one 
chief deputy and such other deputies and clerks as the Council may authorize. Said 
deputies shall have power to do and perform any act or duty required of the Auditor, 
and the Auditor shall be responsible for their conduct. The compensation to be paid 


‘such deputies and clerks shall be determined by the Council. 
[Ch. 1903, §271.] 


§ 68. AUTHORITY TO ADMINISTER OATHS: 


The Auditor and each of' his deputies is authorized to administer an oath and 
certify any acknowledgment authorized or required to be taken’ by any city ordinance 
or law of this state and he may require any person presenting for settlement an ac- 
count or claim of any kind against the city to be sworn before him touching such ac- 
count or claim, and when so sworn to answer orally as to any facts relative to the 


merits or justice of such account or claim. 
[Ch. 1908, §272.] 


§ 69. ACCOUNTS TO BE KEPT AND DEMANDS AUDITED: 


The Auditor shall keep an account of all moneys paid into and out of the treasury. 
Any ordinance or resolution providing for the payment of any demand out of the treas- 
ury, whether from public funds or from private funds deposited therein, shall always 
be construed as-requiring the auditing of such demand by the Auditor before the same 
be paid. 

[Ch. 1908, §274.] 


§ 70. RECORD OF DEMANDS: 


The Auditor shall number and keep an official record jof all demands audited by 
him, showing the number, date, amount, name of the original holder, and against what 


appropriation drawn and out of what fund payable. 
[Ch. 1908, §275.] 


§ 71. APPROVAL OF DEMANDS: 
The Auditor shall approve no demand unless the same has been allowed by — 


authority of the Council. 
[Ch. 1908, §276; Am. May 8, 1918, §100.] 


§ 72. APPROVAL OF CERTAIN DEMANDS PROHIBITED: 

No demand shall be allowed by the Auditor in favor of any person or corporation 
indebted to the city in any manner, except for assessments or taxes not delinquent, 
without first deducting the amount of any indebtedness then due of which he has 
notice, nor in favor of any person having the collection, custody or disbursement of 
public funds, unless his account has been presented, passed, approved and allowed as 
herein required, nor in:favor of any officer who has neglected to make his official re- 
turns or reports in the manner and at the time required by law, ordinace, or the regu- 


[ 38 ] 


lation of the Council; nor in favor of any officer who has neglected or refused to comply 
with any of the provisions of law regulating his duties; nor in favor of any officer or 
employe for the time he shall have absented himself without legal cause or duly 
granted leave of absence from the duties of his office during office hours, and the 
Auditor must always examine on oath any person receiving a salary from the city 


touching such absences, 
[Ch. 1908, §277; Am. May 3, 1913, §101.] 


§ 73. PRESENTATION AND ALLOWANCE OF DEMANDS: 


Every demand upon the Treasurer except the salary of the Auditor must before 
it can be paid be presented to the Auditor, who shall satisfy himself whether the 
money is legally due, and its payment authorized by law, and against what appropria- 
tion and out of what fund it is payable. If he allows it he shall endorse upon it the 
word “Allowed,” with the name of the fund out of which it is payable and the date of 
such allowance, and sign his name thereto, but if he disallow the same he shall endorse 
upon it the word “Rejected.”” No demand shall be approved, allowed, audited or paid 
unless it specify each several item, date and amount composing it, and have endorsed 


thereon the legal authority for its payment. 
[Ch. 1903, §278.] 


§ 74. REGISTER OF WARRANTS—PREFERENCE NOT ALLOWED: 

The Auditor shall keep a register of warrants, showing the funds upon which they 
are drawn, the number, in whose favor, for what service, and the appropriation ap- 
plicable to the payment thereof. He shall not allow any demand out of its order, nor 
give priority to one demand over another drawn on the same specific fund, except 
that when liability for any claim presented is not sufficiently apparent to him, he 


may delay the payment thereof until such liability shall be determined. 
[Ch. 1903, §279.] 


§ 75. DRAWING WARRANTS: 


When any demand has been duly approved and audited, the Mayor and Auditor 
shall draw warrants on the Treasurer therefor. Such warrants must be drawn on the 
fund appropriated therefor and be signed by the Mayor and attested by the Auditor; 
but no warrant, except such as are issued upon funds created by special assessments, 
or warrants issued in settlement of judgments of the courts, shall be drawn, signed by 
the Mayor or attested by the Auditor until the money for the payment thereof is in the 
hands of the City Treasurer and appropriated to the payment thereof upon presentation 


of same. 
[Ch. 19038, §280.] 


§.76. ISSUANCE OF LICENSES: 


The Auditor must issue all licenses authorized by ordinance upon the delivery to 


him of the receipt of the Treasurer for the amount of money required for such license. 
[Ch. 1908, §281.] | 


§ 77. RECORDS AND FILES OF COUNCIL: 


As Clerk of the Council, the Auditor shall keep a correct journal of its proceedings, 
and shall file and keep all books, papers, and maps connected with the business of © 


the Council. 
[Ch. 1903, §282.] 


§ 78. CERTIFIED COPIES OF RECORDS: 


The Auditor shall make certified copies of any papers or maps or transcripts of 
any records kept in his office when so required, upon the payment of his fees therefor, 
and such fees shall be deposited with the City Treasurer for the credit of the general 
fund. The fees charged shall be the same as those provided for in this Charter or by 
ordinance, and no charge shall be made for any copies, transcripts, or certificates re- 


[ 89 ] 


quired or demanded by any official or board when such are needed for the official 


business of the city. 
[Ch. 1908, §283.] 


§ 79. PRESENT OWNERSHIP RECORDS: 


The Auditor shall keep a record of ownership of real property within the limits 
of the City of Portland, and correct said record as changes of ownership shall be re- 
corded in the office of the County Clerk for the County of Multnomah, and he shall also 
keep a record of all property owned by the city and the income derived therefrom. 

[Ch. 1903, §284.] 


ARTICLE 6. OFFICERS AND EMPLOYES: 


APPOINTIVE OFFICERS. 

REMOVAL AND QUALIFICATIONS. 

COUNCIL MAY CREATE OR ABOLISH OFFICES. 
APPOINTMENT OF EXPERTS. 

OFFICIAL BOOKS AND RECORDS. 

85. QUALIFICATIONS FOR ALL OFFICIALS. 

ADDITIONAL BOND MAY BE REQUIRED OF OFFICERS. 
87. REQUIREMENTS OF OFFICIAL BONDS. 

88. REQUIREMENTS OF SURETIES ON OFFICIAL BONDS. 
89. LIABILITY OF SUPERIOR OFFICER FOR ACTS OF SUBORDINATE. 
90 

91 


CO C0 CO CO WO 
Pope > 


BONDS MAY BE REQUIRED OF SUBORDINATES. 

OFFICERS AND EMPLOYES FORBIDDEN INTEREST IN CITY CON- 
TRACTS. 

§ 92. BOOKS AND RECORDS INSPECTION; CERTIFIED COPIES. 

§ 983. APPOINTMENTS—HOW MADE AND FILED. 

§ 94. SALARIES TO BE FULL COMPENSATION. 

§ 

§ 


COR COR CO? 40? CO? LO? CO? LD UM On LP 
(oe) 
or) 


95. OFFICERS FORBIDDEN TO FAVOR BIDDERS ON CONTRACTS. 
96. OFFICERS TO DEVOTE ENTIRE TIME TO CITY BUSINESS. 


§ 80. APPOINTIVE OFFICERS: 


As soon as convenient ofter their election the Council shall, by ordinance, appoint 
the following officers: Treasurer, City Engineer, City Attorney and Municipal Judge 


and Purchasing Agent. 
[Am. May 8, 1918, §102.] 


§ 81. REMOVAL AND QUALIFICATIONS: 


All appointed officers shall serve during the pleasure of the Council. All may be re- 
moved for cause at any time by a majority vote of the Council. A statement of reasons 
for the removal shall be included in the order, and the officers removed. shall have the 
the right to make a counter statement in writing, which shall be filed and preserved 
with the order of removal. The order of removal shall not be reviewable. Vacancies 
in any such offices shall be filled by the Council. The Council may by ordinance im- 
pose any duties upon any officer not inconsistent with the general character of such 
office, and may divide or consolidate any of said offices. It shall also fix and may 
change from time to time the salary of every officer. The officers named in this 
section shall at the time of their appointment be citizens of the United States, residents 
and qualified voters of the City of Portland. 

The Municipal Judge and City Attorney shall be attorneys of the supreme court of 
the State of Oregon. The city attorney may have one or more deputies with same 
qualifications as the City Attorney, to be appointed by him, in writing, and to continue 
during his pleasure. The number and compensation of such deputies to be fixed by 
the Council and shall be deemed removed on the removal or resignation of the City At- 


torney. 
[Am. May 8, 1913, §103.] 


[ 40 ] 


§ 82. COUNCIL MAY CREATE OR ABOLISH OFFICES: 


The Council shall have the power by ordinance to create and abolish all such sub- 
ordinate offices, places and employments in the service of the city as it may deem 
necessary for efficient and economical administration. Each Commissioner shall ap- 
point and remove the incumbents of all subordinate offices and employments in his 


department, subject to the Civil Service Rules of this Charter. 
[Am. May 38, 1913, §104.] 


§ 88. APPOINTMENT OF EXPERTS: 


The Council may from time to time appoint consulting employes to perform techni- 
cal or scientific services whose employment shall continue only so long as the particular 
occasion shall continue and who shall not be subject to the Civil Service Rules of this 
Charter and of whom the qualifications elsewhera prescribed in this Charter shall not 


be required. 
[Am. May 3, 1913, §105.] 


§ 84. OFFICIAL BOOKS AND RECORDS: 


The official books and papers of all the officers mentioned in this Charter are city 
property, and must be kept as such by such officers during their continuance in office 
and then delivered to their successors; and such books and papers may be inspected at 


any tme by any member of the Council, by the Mayor or by the public. 
[Ch. 1903, §122.] 


§ 85. QUALIFICATIONS FOR ALL OFFICIALS: 

No person shall at any time hold more than one office yielding pecuniary com- 
pensation under this Charter, or under the Mayor, Council, or any of the departments 
of the city. All municipal officials, except women, shall be registered voters of the 


City of Portland. 
[Ch. 1903, §128.] 


§ 86. ADDITIONAL BOND MAY BE REQUIRED OF OFFICERS: 


When under any of the provisions of this Charter, or of any ordinance, an official 
undertaking or bond shall be required from an officer, the Council may, by resolution, 
require an additional undertaking, or bond, whenever, in the opinion of the Council 
such undertaking or bond or any surety thereto becomes insufficient; and such addi- 
tional undertaking or bond shall also be required when a surety to bond shall die or 


cease to be a resident of this city. 
[Ch. 1908, §130.] 


§ 87. REQUIREMENTS OF OFFICIAL BONDS: 

City officers shall not be accepted as surety for each other on official undertakings 
or bonds. Every such undertaking or bond shall contain a condition that the principal 
will faithfully perform all official duties then or that may thereafter be, imposed upon 
or required of him by law, ordinance or this Charter, and at the epiration of his term 
of office he will surrender to his successor all property, books, papers, and documents 
that may come into his possession as such officer. Such bond or undertaking when it 
is not that of a qualified surety company, must also be executed! by two or more 
sureties who shall each justify in the amount required for said bond; but when the 
amount of the bond or undertaking is more than five thousand dollers, the sureties may 
become severally liable for portions of not less than twenty-five hundred dollars. When 
there are more than two sureties, such sureties may justify in an amount which in the 


aggregate shall equal double the amount of said bond. 
[Ch.. 1903, §131.] 


§ 88. REQUIREMENTS OF SURETIES ON OFFICIAL BONDS: 


Every surety upon an official undertaking or bond, other than lawfully authorized 
surety companies, must make an affidavit, which shall be endorsed upon such under- 


[ 41 ] 


taking or bond, that he is a resident and freeholder in the city, and worth in real 
property situated in the city, exclusive of incumbrances thereon, double the amount of 
his undertaking over and above all sums for which he is already liable or in any manner 
bound, whether as a principal, indorser or surety, and whether such prior obligation or 
liability be conditional or absolute, liquidated, or unliquidated, due or to become due. 
All persons offered as sureties on official bonds may be axamined on oath as to their 
qualifications by the officer whose duty it is to approve the undertaking or bond. 
All bonds and undertakings provided for by this Charter except that of City Treas- 


urer, may be secured by individual sureties. 
[Ch. 1908, §132.] 


§ 89. LIABILITY OF SUPERIOR OFFICER FOR ACTS OF SUBORDINATE: 


Every officer shall be liable on his official undertaking or bond for the acts and 
omissions of his deputies, assistants, clerks and employes, appointed by him, and of any 
and each of them, and every official undertaking or bond shall contain such a condition. 

[Ch. 1908, §133.] 


§ 90. BONDS MAY BE REQUIRED OF SUBORDINATES: 


Every board, department or officer may require of their deputies, clerks or em- 
ployes bonds of indemnity with sufficient sureties for the faithful performance of their 


duties, the penalties in which shall be prescribed by ordinance. 
[Ch. 1903, §134.] 


§ 91. OFFICERS AND EMPLOYES FORBIDDEN INTEREST IN CITY CON- 
TRACTS: 


No Councilman or other officer or employe of the city shall be or become directly 
or indirectly interested in or in the performance of any contract for the supply of 
labor or material tq the city, or in the sale of any article, the price or consideration 
of which is payable from the city treasury, or in the purchase or lease of any real 
estate or other property belonging or to be taken by the City, or which shall be sold for 
taxes or assessments or by virtue of legal processes at the suit of the City. And in 
case any officer or employe of the City shall be interested personally as a promoter 
or stockholder or shareholder in any firm or corporation in any grant or privilege or 
franchise sought by himself or his associates or such firm or corporation from the City 
of Portland, or any public utility which is sought te be acquired or duplicated by the 
City or which is offered for sale or lease by the City, such officer or employe shall be 
incapacitated to take any part in the negotiations or proceedings connected with the 
giving or granting of such grant, privilege or franchise, but all such negotiations and 
proceedings and acts as would otherwise be conducted by such officer or employe 
shall be conducted and done on behalf of the City of Portland by such officer and 
employe as would have done and conducted the same in the absence of such interested 
officer and employe. 

If any officer or person, in this section designated shall violate the provisions of 
this section he shall forfeit his office and all such contracts, grants, privileges and 


franchises in the hands of others than a purchaser without notice for value shall be void. 
[Ch. 1903, §135.] 


§ 92, BOOKS AND RECORDS INSPECTION; CERTIFIED COPIES: 


All books and records of every office and department shall Ibe open to the in- 
spection of any citizen’at any time during business hours. Certified copies or extracts 
from said books and records shall be given by the officer having the same in custody 
to any person demanding the same, and paying or tendering ten cents a folio of one 
hundred words for such copies or extracts; but the record of the Police Department 
shall not be subject to such inspection unless permission be given by the Executive 


Board.* 


-[Ch., 1908, §187.] 
* See §§16-17. 


§ 93. APPOINTMENTS—HOW MADE AND FILED: 


All appointments of officers, deputies and clerks to be made under any; provision 
of this Charter must be made in writing and in duplicate, authenticated by the person 
or persons, board or officer making the same. One of such duplicates must be filed 


with the Secretary of the Civil Service Board and the other with the Auditor. 
[Ch. 19038, §138.] 


§ 94. SALARIES TO BE FULL COMPENSATION: 


The salaries provided in this Charter shall be in full compensation for all services 
rendered, and excepting: such salaries, every officer shall pay all moneys coming into 
his hands as such officer, no matter from what source derived or received, into the 


treasury of the City within twenty-four hours after receipt of the same. 
[Ch. 1903, §139.] 


§ 95. OFFICERS FORBIDDEN TO FAVOR BIDDERS ON CONTRACTS: 


Any officer of the City, or of any department thereof, who shall aid or assist a 
bidder in securing a‘ contract to furnish labor, material or supplies, at a higher price 
or rate than that proposed by any other bidder, or who shall favor one bidder over 
another, by giving or withholding information, or. who shall wilfully mislead any 
bidder in regard to the character of the material or supplies called for, or who shall 
knowingly accept materials or supplies of a quality inferior to that called for by the 
contract, or who shall knowingly certify to a greater amount of labor performed than 
has been actually performed, or to the receipt of a greater amount or different kinds 
of material or supplies than has been actually received, shall be deemed guilty of mal- 


feasance and shall be removed from office. 
[Ch. 19038, §140.] 


§ 96. OFFICERS TO DEVOTE ENTIRE TIME TO CITY BUSINESS: 


All officers and employes receiving pay from this City shall devote their entire 
time during business hours to the interest of the City, except when excused as in this 
Charter provided. 

[Ch. 1903, §142 Am. May 8, 1913, §94.] 


CHAPTER IV. 
Civil Service. 


§ 97. RULES—TO WHOM APPLIED—EXCEPTIONS. 


§ 98. CIVIL SERVICE BOARD—APPOINTMENT—QUALIFICATIONS. 

§ 99. -SECRETARY—APPOINTMENT—DUTIES. 

§ 100. BOARD TO CLASSIFY SERVICE. | 

§ 101. BOARD TO MAKE AND PUBLISH RULES AND KEEP RECORDS. 
§ 102. EXAMINATIONS. 

§ 103. RECORD OF POSITIONS AND APPLICANTS. 

§ 104. VACANCIES—HOW FILLED—REAPPOINTMENT OF EMPLOYES. 
§ 105. TEMPORARY APPOINTMENTS. 

§ 106. RESTRICTIONS ON APPOINTMENTS. 

§ 107. PROMOTIONS. 

§ 108. REMOVALS—INVESTIGATIONS. 

§ 109. SUSPENSIONS—REDUCTION OF FORCE. 

§ 110. HOLD-OVER EMPLOYES. 

§ 110%. REINSTATEMENT OF EMPLOYES. 

§ 111. ANNUAL REPORT. 

§ 112. COUNCIL TO PROVIDE OFFICES. 

§ 113. ROSTER OF EMPLOYES—GENERAL PROVISIONS. 


[ 43 ] 


§ 114. INVESTIGATIONS. 

§ 115. MISDEMEANORS OF COMMISSIONERS. 

§ 116. POLITICAL ASSESSMENTS PROHIBITED. 

§ 117. BRIBERY—“PUBLIC OFFICER,” “PUBLIC EMPLOYE” DEFINED. 
§ 118. RECOMMENDATIONS OF APPLICANTS. 

§ 119. POLITICAL SERVICES DISREGARDED. 

§ 120. VIOLATION OF CIVIL SERVICE PROVISIONS A MISDEMEANOR. 
§ 121. PENALTY FOR MISDEMEANOR. 

§ 122. CITIZENS GIVEN PREFERENCE—MINIMUM WAGE. 

§ 122a. TWO PLATOON. 


§ 97. RULES—TO WHOM APPLIED—EXCEPTIONS: 


All appointments to and promotions in the subordinate administrative service of 
the City shall be made solely according to fitness, which shall be ascertained by open 
competitive examination, and merit and fidelity in service, as provided for in this 
Article. The provisions of this article shall apply to the incumbents of all offices, 
places and employments in the public service of the City except the following: All 
officers chosen by popular election or by appointment by the Council, the members of 
all boards and commissions, the judges and clerks of elections, the deputies of the 
City Attorney, the chief deputy of the City Treasurer, the City Engineer, the Chief of 
Police Department, the Superintendent and the Chief Engineer of the Water Depart- 
ment and the Secretary of the Civil Service Board, the Mayor’s Secretary, the members 


of the Health Department and the Librarian. 
[Ch. 1908, §306.] 


§ 98. CIVIL SERVICE BOARD—APPOINTMENT—QUALIFICATIONS. 


The Civil Service Board shall consist of three Commissioners. Within 30 days 
after the taking effect of this Charter, the Mayor shall appoint, as such Commissioners, 
three persons, known to him to be devoted to the principles of Civil Service Reform, 
one of whom shall serve for two years, one for four years and one for six years; and 
between the first and tenth days of July in 1905 and each second year therafter, the 
Mayor shall, in like manner, appoint one person, as the successor of the Commissioner 
whose term of office expires in that year, to serve as such Commissioner for six years. 
The Mayor may remove any Commissioner at any time. In the event of any such re- 
moval, the Mayor shall, within five days thereafter, transmit to the Council a written 
report thereof and of his reasons therefor, and the Council shall forthwith appoint an- 
other person to fill the vacancy. Vacancies arising from any other cause shall be filled 
by appointment by the Mayor. All appointments to fill vacancies shall be for the un- 
expired term. No person shall be appointed as a Commissioner unless he shall have 
been a resident of the City three years: immediately preceding his appointment. The 


Commissioners shall receive no salary or compensation for their services. 
[Ch. 1908, §307.] 


§ 99. SECRETARY—APPOINTMENT—DUTIES: 


The Board shall appoint a secretary, who shall keep records of its proceedings, 
preserve all reports made to it, superintend and keep a record of all examinations held 
under its direction, and perform such other duties as it may prescribe. Such secretary 
shall hold office during the pleasure of the Board. His salary shall be fixed by the 
Council, and shall be not less than $100.00 per month. At the request of the Board, 
the Council shall, if practicable, devolve the duties of such secretary upon the Auditor, 


who shall receive no extra or additional compensation for his services as such seretary. 
[Ch. 1903, §308; Am. May 38, 1913, §308.] 


§ 100. BOARD TO CLASSIFY SERVICE. 


The Board shall classify, with reference to the examinations hereinafter provided 
for, all the offices, places and employments in the public service of the City to which 
the provisions of this Article are applicable. Such classification shall be based upon 


[ 44 ] 


the respective functions of said offices, places and employments, and the compensation 
attached thereto, and shall be arranged so as to permit the grading of offices, places 
and employments of like character in groups and subdivisions. The offices places and 
employments so classified shall constitute the classified Civil Service of the City; and 
after the taking effect of this Charter, no appointment or promotion to any such office, 


place or position shall be made except in the manner provided in this Article. 
[Ch. 1903, §309.] 


§ 101. BOARD TO MAKE AND PUBLISH RULES AND KEEP RECORDS: 


The Board shall make rules to carry out the purposes and provisions of this 
Article, which rules shall provide, in detail, the manner in which examinations shall 
be held, and appointments, promotions and removals made in pursuance thereof; and the 
Board may, from time to time, change its rules. Such rules, and all changes therein, 
shall be forthwith printed for distribution by the Board, and the Board shall, not less 
than ten days before the same go into effect, give notice, by publication in the City 
Official Newspaper, of the place where printed copies of said rules, or changes therein, 
may be obtained. The Board shall keep on file all examination papers and the markings 
thereof, and all other papers, documents and communications received by them; and all 
records and files of the Board shall be public and accessible at convenient times, 
as other public records and documents; but examination papers and markings need not 


be preserved more than five years. 
[Ch. 1903, §310.] 


§ 102. EXAMINATIONS: 


The Board shall, from time to time, hold public competitive examinations to ascer- 
tain the fitness of applicants for all offices, places and employments in the classified 
civil service. Said examinations shall be confined to citizens of the United States who 
can read and write the English language, and shall be open to all such citizens who 
possess such qualifications as to residence, age, health, habits and moral character as 
may, by rule, be prescribed by the Board. Notice of the time, place and general scope 
of every examination shall be given by the Board by publication in the City Official 
Newspaper once each week for two successive weeks and by posting such notice in a 
conspicuous place in the office of the Board not less than two weeks preceding the 
examination. Such examinations shall be practical in their character, and’ shall relate 
only to those matters which may fairly test the relative fitness of the persons examined 
to discharge the duties of the positions for which they are applicants, and shall include, 
when appropriate, tests of health and physical qualifications and of manual, clerical 
or professional skill. No question in any examination shall relate to political or re- 
ligious opinions, affiliations or services. The Board shall control all examinations and 
shall designate the persons who shall act as examiners at any examination. When a 
person in the official service of the city is designated by the Board, he shall, without 
being entitled to extra compensation therefor, act as such examiner. Any Commis- 
sioner may act as an examiner. No examiner shall receive any compensation for his 


services as such. 
[Ch. 19038, §311.] 


§ 108. RECORD OF POSITIONS AND APPLICANTS: ; 


The Board shall prepare and keep a register for each grade or class of positions in 
the classified civil service of the persons whose general average standing upon examina- 
tion for such grade or class is not less than the minimum fixed by the rules of the 
Board, and who are otherwise eligible. Such persons shall take rank upon such 
register as candidates in the order of their relative excellence, as determined by ex- 
amination, without reference to priority of time of examination. Candidates 
of equal standing shall take rank upon the register according to the order 
in which their applications were filed. The Board may, by rule, provide 
for striking candidates from the register after they have remained thereon for a 


[ 45 ] 


specified time, and may limit the number of times the same candidate shall be certified 


to the appointing authority. 
[Ch. 19038, §312.] 


§ 104. VACANCIES, HOW FILLED; REAPPOINTMENT OF EMPLOYES: 


Whenever there shall be a vacancy in any position in the classified civil service, the 
appointing authority shall immediately notify the Board thereof. The Board shall 
thereupon certify to such, appointing authority the names and addresses of the three 
eligible candidates standing highest upon the register for the class or grade to which 
such position belongs, but, if there be less than three, the Board shall so certify all 
such candidates upon the register. When vacancies exist in two or more positions 
of the same class in the same department at the same time, the Board may certify a 
less number than three candidates for each position, but those certified must be the 
eligible, candidates standing highest upon the register. The appointing authority may 
require the candidates so certified to come before him, and shall be entitled to inspect 
their examination papers. The appointing authority shall appoint to each vacant position, 
on probation for a period to’ be fixed by the rules, one of the candidates so certified. 
Within such period, the appointing authority may discharge such probationer, and, in 
like manner, appoint another of such candidates, and so continue until all said candi- 
dates have been so appointed; but the appointing authority must make permanent ap- 
pointment from said list of candidates unless, upon reasons assigned in writing by the 
appointing authority, the Board consents to and does certify a new list of candidates. 
If any probationer is not discharged within the period of probation, his appointment shall 
be deemed permanent. Any person who has been employed in any one department of 
the public service of the city for the six years immediately preceding the taking effect 
of this Charter, shall, upon making satisfactory proof of such employment to the 
Board, within thirty days after its appointment, provided the position which he 
occupies at the time this Charter goes into effect is included in the classified 
civil service, be certified by the Board to the appointing authority for that position as 
entitled to appointment, and such appointing authority shall forthwith appoint said 
person to such position. The appointing authority shall immediately notify the Com- 


mission of any appointment or discharge. 
[Ch. 1903, §313.] 


§ 105. TEMPORARY APPOINTMENTS: 


In the absence and pending the preparation of an appropriate eligible list from 
which appointments can be made, or in extraordinary emergencies to prevent delay or 
injury tothe public business, any office, place or employment in the classified civil 
service may be filled temporarily by the appointing authority, but not for longer 


than thirty days. 
[Ch. 1903, §314.] 


§ 106. RESTRICTIONS ON'APPOINTMENTS: 


No person shall be appointed or employed under any title not appropriate to the 
duties to be performed, and no person shall, without examination, be transferred to or 
assigned to perform the duties of any position in the classified civil service unless he 
shall have been appointed to the position from which such transfer is made as the 
result of an open competitive examination equivalent to that required: for the position 
to which the transfer is made, or unless he shall have served with fidelity for at least 
six years in a like position in the service of the city. No person habitually using 
intoxicating beverages to excess shall be appointed to or retained in any office, place 


or employment in the classified civil service. 
[Ch. 1908, §815.]. ; 


§ 107. PROMOTIONS: 


The Board shall, by its rules, provide for promotions in the classified service, on 
the basis of ascertained merit and seniority in service, and standing upon examination, 


[ 46 ] 


and shall provide that in all cases where practicable, vacancies shall be filled by promo- 
tion. All examinations for promotions shall be competitive among such members of 
the lower ranks established by the Board for each department as desire to submit 
themselves to such examination; and the Board shall submit to the appointing authority 
the names of not more than three applicants, having the highest rating, for each promo- 
tion; and the promotion shall thereupon be made as in case of original appointments. 
The method of examining and the rules governing the same and the method of certify- 
ing shall be the same, as! near as may be, as provided for applicants for original ap- 
pointment. But the Board may by its rules prescribe the weight to be given to the 
recommendation of the head of the department in which the candidate for promotion 
has served; and where record of fidelity and efficiency of employes is regularly kept 
jn good faith in any department the Board shall give the same at least equal value 


with the record on examination for promotion. 
[Ch. 1903, §316.] 


§ 108. REMOVALS—INVESTIGATIONS: \ 


No employe in the classified civil service who shall have been permanently appointed 
under the provisions of this article shall be removed or discharged except for cause, 
a written statement of which, in general terms, shall be served 'upon him and a dupli- 
cate filed with the Board. Such removal or discharge may be made without any trial 
or hearing. Any employe so removed may within ten days from his removal file with 
the Board a written demand for investigation. If such demand shall allege, or if it 
shall otherwise appear to the Board that the discharge or removal was for political or 
religious reasons, or was not in good faith, for the purpose of improving the public 
service the matter shall forthwith be investigated by or before the Board, or by or 
before some officer or board appointed by the Board to conduct such investigatin. The in- 
vestigation shall be confined to the determination of the question of whether such re- 
moval or discharge was or was not for political or religious reasons, or was or was not 
made in good faith for the purpose of improving the public service. The burden of 
proof shall be upon the discharged employe. On such grounds the Board may find that 
the employe so removed is entitled to reinstatement upon such conditions or terms as 
may be imposed, by the Board, or may affirm his removal. The findings of the 
Board, or such officer or Board, when approved by the Board, shall be certified to the 


appointing officer and shall be forthwith enforced by such officer. 


[Ch. 1908, part §317; Am. June 7, 1909, part of §317; Am. May 3, 1913, part of §317.] 
*See §222.] 


§ 109. SUSPENSIONS—REDUCTION OF FORCE: 


Any appointing authority may suspend a subordinate for a reasonable period not 
exceeding thirty days, but such suspension if occuring more than once a year shall be 
deemed a removal and subject to investigation in like manner. But, if at any time 
the Council or other city authority shall abolish any office or, employment, or reduce 
the number of employes, discharges shall be made in the inverse order of appoint- 
ment, and if such offices or places shall again be created or reinstated the employes so 
removed, (except as to emergency employes), shall have preference for reappointment 


in the order of their original appointment. 
[Amendment of June 7, 1915.] 


§ 110. HOLD-OVER EMPLOYES: 


The present incumbents of all offices, places, and employments under the civil 
service rules sall continue to hold their respective places, subject to the provisions of 


this Atricle. 
[Ch. 1908, §8317; Am. June 7, 1909, part of §317; Am. May 3, 1913, part of §317.] 


§ 110%. REINSTATEMENT OF EMPLOYES: 


Each act of the Civil Service Board, subsequent to July 1, 1913, in reinstating to 
his civil service standing any officer or employe who had resigned from or otherwise 


[ 47 ] 


relinquished a position to which he had been regularly and permanently appointed 
under the civil service laws of this Charter, is hereby ratified and confirmed. 
[Amendment of November 2, 1920.] 


§ 111. ANNUAL REPORT: 


The Board shall, on or before the first day of January of each year, make to the 
Mayor for transmission to the Council a report showing its own actions, the rules 
in force, the practical effect thereof, and any suggestions it may approve for the more 
effectual accomplishment of the purposes of this article. The Mayor may require 


a report from the Board at any reasonable time. 
[Ch. 1903, part of §317; Am. June 7, 1909, part of §317; Am. May 3, 1913, part of§317.] 


§ 112. COUNCIL TO PROVIDE OFFICES: 


_ The Council shall furnish the Board with suitable offices, office furniture, books, 
stationery, blanks, heat and light and shall provide for the payment of such other ex- 


penses as may necessarily be incurred in carrying out the provisions of this Article. 
[Ch.1903, §318.] 


§ 1138. ROSTER OF EMPLOYES; GENERAL PROVISIONS: 


It shall be the duty of said Civil Service Board to prepare, continue, and keep 
in their office a complete roster of all persons in the classified Civil Service of the City. 
This roster shall be open for inspection at all reasonable hours. It shall show in refer- 
ence to each of said persons his name, the date of appointment to or employment in 
such service, his compensation, the title of the place or office he holds, the 
nature of the duties thereof and the date of any termination of such service. It 
shall be the duty of all officers and employes of the City to give to the Board all the 
information which may be reasonably requested, or which the regulations established 
by the Board may require, in aid of the preparation or continuance of said roster, and, 
so far as practicable, it shall indicate whether any and what persons are holding any 
and what offices or places aforesaid in violation of this Article or of any regulations made 
thereunder. Said Civil Service Board shall have access to all public records and papers, 
the examination of which will aid in the discharge of their duties in connection with 
said roster. It shall be the duty of said Board to certify to the Auditor the name of 
each person appointed or employed in the classified Civil Service stating in each case 
the title or character of the office or employment, the date of commencement of 
service by virtue thereof, and the salary or other compensation paid, and, also, as far 
as practicable, the name of each person employed in violation of this act or of the 
regulations established thereunder, and to certify to the said Auditor in like manner 
every change occurring in any office or employment of the classified civil service 
forthwith on the occurrence of the change. No officer or employe of the city shall 
draw, sign, countersign, or issue any warrant or order for the payment of, or pay any 
salary or compensation to any person in the classified civil service who is not certified 
by the Board to the Auditor as having been appointed or employed in pursuance of 
this Article and of the regulations in force thereunder. Any person entitled to be 
certified as aforesaid may maintain a proceeding by mandamus to compel the issuance 
of such certificate. Any sums paid contrary to the provisions of this section may be 
recovered in an action in the name of the City from any officer or employe of the city 
paying the same, or from any officer signing, countersigning, drawing or issuing or 
authorizing the drawing, signing, countersigning or issuing of any warrant or 
order for the payment thereof, and from the sureties on his official bond. All 
money recovered in any such action must, when collected, after paying all the expenses 


of such action, be paid into the City Treasury. 
[Ch. 1908, §319.] 


§ 114. INVESTIGATIONS: 


The@ said Commissioners may make investigations concerning the facts in respect 
to the execution of the provisions of this Article, and of the regulations established 


[ 48 ] 


under its authority. In the course of any investigation made by the Board under the 
provisions of this Article each Commissioner and the secretary shall have the power 
to administer oaths. Said Board shall have the power, for the purpose of this Article, 
to examine into books and records, compel the production of books, papers, records or 
documents, subpoena witnesses, and compel their attendance and examination, as 
though such subpoena had issued from a court of record of this state; and all 
officers and employes of the City shall afford the said Board all reasonable facilities 
in conducting any investigations authorized by this Article, and give inspection to 
said Board of all books, papers and documents belonging or in any wise appertaining 
to any offices or departments of the City; and, also, shall produce said books and 
papers, and shall attend and testify when required to do so by said Commissioners 
without receiving any extra or special compensation therefor. Wilful false swearing 


in such investigations and examinations shall be perjury and punishable as such. 
[Ch. 19038, §320.] 


§ 115. MISDEMEANORS OF COMMISSIONERS: 


Any Commissioner, examiner, or any other person who shall wilfully or corruptly, 
by himself or in co-operation with one or more persons, defeat, deceive or obstruct 
any person in respect to his or her right to examination or registration according to 
the regulations prescribed pursuant to the provisions of this Article, or who shall, 
wilfully or corruptly, falsely mark, grade, estimate or report upon the examination or 
proper standing of any person examined, registered or certified according to any 
regulation prescribed pursuant to the provisions of this Article, or aid in so doing 
-or shall wilfully or corruptly make any false representations concerning the same, or 
concerning the persons examined registered or certified, or who shall wilfully or cor- 
ruptly furnish to any person any special or secret information for the purpose either 
of improving or injuring the prospects or chances of any person so examined, reg- 
istered or certified, or to be examined, registered, or certified, or who shall |personate 
any other person, or permit or aid in any manner any other person to personate’ him, 
in connection with any examination or registration or application, or request to be 


examined or registered, shall for each offense be deemed guilty of a misdemeanor. 
[Ch. 1903, §321.] 


§ 116. POLITICAL ASSESSMENTS PROHIBITED: 


No person in the National public service or the public service of the State 
or any civil division thereof, including counties, cities, towns, shall directly or in- 
directly use his authority or official influence to compel or induce any person in the 
public service of the City to pay or to promise to pay any political assessment, sub- 
scription or contribution. Every person who may have charge or control in any 
building, office or room, occupied for any ‘purpose of said public service of the City 
is hereby authorized to prohibit the entry of any person into the same for the 
purpose of therein making, collecting, receiving or giving notice of any political as- 
sessment, subscription or contribution, and no person shall enter or remain in any 
said office, building or room, or send or direct any letter or other writing thereto 
for the purpose of giving notice of, demanding or collecting, nor shall any person 
therein give notice of, demand, collect or receive any such assessment, subscription 
or contribution; and no person shall prepare or make out, or take part in the prepar- 
ing or making out of any political assessment, subscription or contribution with the 
intent that the same shall be sent or presented to or collected from any person in 
the public service of the City, and no person shall knowingly send or present any 
political assessment, subscription or contribution to or request its payment by any 
person in said public service. 


Any person who shall be guilty of violating any provision of this section shall 
be deemed guilty of a misdemeanor. 
[Ch. 1903, §322.] 


[ 49 ] 


§ 117. BRIBERY—“PUBLIC OFFICER,” “PUBLIC EMPLOYE” DEFINED: 


Whoever, being a public officer or being in nomination for, or while seeking a 
nomination or appointment for, any public office, shall use, or promise to use, 
whether directly or indirectly, any official authority or influence (whether then pos- 
sessed or merely anticipated) in the way of conferring upon any person, or in order 
to secure or aid any person to secure any office or appointment in the public service, 
or any nomination, confirmation or promotion, or increase of salary on consideration 
that the vote, political influence or action of the last-named person or any other 
shall be given or used in behalf of any candidate, officer or political party or as- 
sociation, or upon any other corrupt condition or consideration, shall be deemed 
guilty of bribery or an attempt at bribery. And whoever, being a public officer or 
employe, or having or claiming to have any authority or influence for or affecting the 
nomination, public employment, confirmation, promotion, removal or increase or 
decrease of salary of any public officer or employe, shall corruptly use, or promise 
or threaten to use, any such authority or influence, directly or indirectly, in order 
to coerce or persuade the political vote or action of any citizen, or the removal, dis- 
charge or promotion of any public officer or public employe, or upon any corrupt 
consideration, shall also be guilty of bribery, or an attempt of bribery. And every 
person found guilty of such bribery, or an attempt to commit the same, as afore- 
said, shall, upon conviction thereof, be liable to be punished by a fine of not less 
than fifty dollars or more than one thousand dollars, or to be imprisoned not less 
than ten days or more than two years, or to both said fine and said imprisonment, 
in the discretion of the court. If the person convicted be a public officer he shall, in 
addition to any other punishment imposed, be deprived of his office and be ineligible 
to any public office or employment for ten years thereafter. The phrase “public 
officer” shall be held to include all public officials within this city, whether paid 
directly or indirectly from the public treasury of the state or of the United States, 
or from that of any civil division thereof, including counties, cities, and towns and 
whether by fees or otherwise; and the phrase “public employes” shall be held to 


include every person not being an officer who is paid from any said treasury. 
[Ch. 1908, §323.] 


§ 118. RECOMMENDATIONS OF APPLICANTS: 


No recommendation in favor of any person who shall apply for office or place, 
or for examination or registration under the provisions of this Article or the regula- 
tions established under the authority thereof, except as to residence and as to character, 
and in the case of former employes as to abilities, when said recommendation as to 
character and abilities is specifically required by said regulations, shall be given to 
or considered by any person concerned in making any examination, registration, 
appointment or promotion under this Article or under the regulations established 
under the authority thereof. No recommendation under the authority of this Article 
shall relate to the religious or political opinions or affiliations of any person whom- 


soever. 
[Ch. 1908, $324.] 


§ 119. POLITICAL SERVICES DISREGARDED: 


No person in the service of the City is for that reason under any obligation to 
contribute to any political fund or to render any political service, and no person 
shall be removed, reduced in grade or salary, or otherwise prejudiced for refusing 
to do so. No person in the service of the City shall discharge or promote, or 
degrade, or in any manner change the official rank or compensation of any other 
person in said service, or promise or threaten to do so for giving, or withholding 
or neglecting to make any contribution of money or service or any other valuable 
thing for any political purpose. No person in said service shall use his official 
authority or influence to coerce the political action of any person or body, or to 


[ 50 | 


affect or to interfere with any nomination, appointment or election to public office. 
[Ch. 1908, §325.] 


§ 120. VIOLATION OF CIVIL SERVICE PROVISIONS A MISDEMEANOR: 


Whoever makes appointment to office in the public service of the City or selects 
a person for employment therein contrary to the provisions of this Article or of any 
regulation duly established under the authority thereof, or wilfully refuses or neg- 
lects otherwise to comply therewith, or conform to, the provisions of this Article, 


or violates any of such provisions, shall be guilty of a misdemeanor. 
[Ch. 1908, §326.] 


§ 121. PENALTY FOR MISDEMEANOR: 


Misdemeanors under the provisions of this Article shall be punishable by a fine 
of not less than twenty-five dollars nor more than five hundred dollars, or by im- 
prisonment in the county jail for not longer than one year, or by both such fine 
and imprisonment. The Circuit Court of the State of Oregon shall have jurisdiction 


of offenses defined in this Article. 
[Ch. 1908, §327.] 


§ 122. CITIZENS GIVEN PREFERENCE—MINIMUM WAGE: 


In the employment of mechanics and unskilled laborers preference shall in all 
cases be given to those who are citizens of the United States or those who have 
declared their intention to become such and who have resided within the City for 
one year next before entering into the City’s employment. Fight hours shall ron- 
stitute a day’s work for all laborers, workmen and mechanics who may be em- 
ployed by the City, and the minimum wage to unskilled laborers employed- by the 


City shall be $2.00 per day. 
[Am. May 3, 1918, §106.] 


§ 122a. TWO PLATOONS: 


The Bureau of Fire of the City of Portland shall be so organized that the mem- 
bers thereof shall be divided into two substantially equal platoons. Not more than 
fourteen hourse service on the night platoon nor more than ten hours on the day 
platoon shall be required for a day’s work for any member thereof, except when the 
platoons change from day to night service or when working at a fire. The platoon 
on the night shift shall report for duty at six o’clock in the evening. Each platoon 
shall have equal periods of service on the day and night shift and they shall be changed 
from day to night service at least four times each month; provided, however, that 
the foregoing provisions of this act shall not apply to the Chief Engineer or Assistant 
Chief Engineer, or to any Battalion Chief of the Bureau of Fire, or to the member of 
said bureau who discharges the duties of the office of Fire Marshal of said City or 
to any employe of the Fire Alarm Telegraph System of the Bureau of Fire or to any 
mechanic employed in said Bureau, unless hereafter otherwise provided by the 
Council of the City of Portland, and provided further, that the hours of service of 
the masters, pilots, engineers and stokers assigned to the fireboats of the City of 
Portland shall be fixed by the Council of the City of Portland subject to the marine 
laws of the Federal Government. 


Every member of the Bureau of Fire shall be subject to duty call at all hours 
of the day or night when there is grave or unusual danger of conflagration. Liberal 
provisions shall be made at the fire stations for preserving the health, wellbeing and 
efficiency of the members. House patrol shall be equally divided and not more than 


one member of each company shall be assigned to such duty at each time. 
[Amendment of November 5, 1918.] 


[51 ] 


CHAPTER 5 
Elections 


§ 123. MUNICIPAL ELECTIONS. 

§ 124. MANNER OF NOMINATION OF OFFICERS. 

§ 125. PUBLICATION OF ELECTION NOTICE. 

§ 126. INFORMALITIES DISREGARDED. 

§ 127. STATE LAWS APPLICABLE. 

§ 128. ACT OF 1899 TO GOVERN ELECTIONS—REGISTRATION OF VOTERS. 

§ 129. PREFERENTIAL SYSTEM OF VOTING. 

§ 130. FORM OF BALLOTS. 

§ 131. SAMPLE BALLOTS. 

§ 182. CANVASS OF RETURNS AND DETERMINATION OF RESULTS OF 
ELECTIONS. 

§ 183. EXPENSE OF REGISTRATION PAID BY CITY. 

§ 134. DATES OF ELECTION. 

§ 135. NOTICE OF ELECTION TO BE PUBLISHED. 

§ 136. COUNCIL TO CHOOSE JUDGES AND CLERKS. 

§ 137. QUALIFICATIONS OF VOTERS. 

§ 138. CANVASS OF ELECTION RETURNS. 

§ 139. STATEMENT OF CANVASS TO BE FILED. 

§ 140. CERTIFICATE OF ELECTION. 

§ 141. CERTIFICATE OF ELECTION—PRIMARY EVIDENCE. 

§ 142. CONTESTED ELECTIONS. 

§ 143. PRESENT INCUMBENTS HOLD OVER. 


§ 123. MUNICIPAL ELECTIONS: 


A municipal election shall be held on the first Monday in June, 1913, and on 
the first Monday in June on each second year thereafter, which shall be known as 
the general municipal election. All others shall be known as special municipal elec- 
tions. The first general municipal election under this Charter shall be held on the 
first Monday in June, 1913, for the purpose of electing a Mayor, four Commissioners 
and an Auditor. The Mayor and the two Commissioners who receive the highest 
votes shall hold office until the first day of July, 1917, and the Auditor and the 
other two Commissioners shall hold office until the first day of July, 1915. Thereafter 
every such officer shall hold office for the full term of four years. Such elected 


officers shall assume office the first day of July after the election. 
[Am. May 38, 19138, §41.] 


§ 124. MANNER OF NOMINATION OF OFFICERS: 


The manner of nomination of all elective officers shall be by petition. 

(a) Nomination Petition. Certificates: The petition for the nomination of 
each candidate shall consist of not less than 100 individual certificates. Each cer- 
tificate shall be of uniform size, to be determined by the auditor, shall be signed 
and verified by one registered voter, and shall contain the name of only one candidate. 

If a legal voter sign more certificates than there are offices to be filled, all 
those exceeding such number shall be rejected when presented for filing. 


(b) Form of Certificates: The form of the certificate shall be substantially as 
follows: 


INDIVIDUAL NOMINATION CERTIFICATES 


STATE OF OREGON, ) 
County of Multnomah, )ss. 
City of Portland. ) 


[52] 


tT GC LSn RRL etwiiaenaeues 40 8) el6ue 6) 40.9 6.8) £6. 0. 0).6) 6.86.8) 8) Coe SES es 6.6 'e le. 8.0 C 8O) & PAS) OO 0 8 8 S 9! Are. o.° 


Es eT OR Ine NTP esas re) cay a lace oth wa ace, 0.6 shes 0 edhe a 8 otel ashe oxela’'s 40 street, 
Ome nt S1Ori the OffiCG) Of cee cee ees oo ae fhe a ee we ce geese eee es esssesbwsceeneens 
to be voted for at the municipal election to be held in the City of Portland, on the 
1G es ae oe AEN Pie he gL Gey OE RAR ON er ra eas EV 


And I make oath and say that I am qualified to vote for a candidate for said office, 
and am not at this time a signer of more certificates nominating candidates for city 
elective offices than there are offices to be filled; that my residence is at No. 


BR ES wavs a's ae (08 0 street, Portland, and that my occupation is..............4. 

CEC AUN 9 Besse Sa aya Eee em ey toy le WR LCA cp eta 

eeNI NEO LATOR WOLTTALOMDCLOLG AMG COIS. ca. cise oe cielo chops oi © oe aos pie nie. tlecie wis se i 
(hes 00 SS ee eee ~ A.D. 19 


Gael. 6. 6%. 6 Ole 6) Sete O87 Ce 6 og 8 O18 oe C8. 6.6) CUS ce 68S 6 8 56)6 8, OCS 


Notary Public for Oregon. 


The petition for nomination of which this certificate forms a part, if found 


MDs Cem ea fora tic ieelc 6 hele es sae o's street, Portland, Oregon. 


(c) Filing Petitions: The petition, consisting of at least 100 sufficient certifi- 
cates, shall be presented to the Auditor for filing not earlier than forty and not 
later than twenty days before the election. The Auditor shall endorse thereon the 
day and hour of its presentation and by whom presented. If the petition be sufficient, 
he shall file the same at once. . 

(d) Amendment of Petition: If, upon examination by the Auditor, the petition 
be found not to conform to the provisions of this article, he shall state immediately 
in writing on said petition why it cannot be filed. He shall then, within three days, 
return the defective petition, personally or by mail, to the person designated for that 
purpose. Within five days of its return by the Auditor the petition may be amended 
and again presented for filing. The procedure in the case of an amended petition 
shall be the same as in the case of an original petition. In no case shall any petition 
be received or considered after twenty days preceding an election. 

(e) Nominee’s Acceptance: The acceptance of any person nominated under 
this article shall be filed with the petition with the Auditor, and in the absence of 
such acceptance the petition shall not be filed. 


Such acceptance shall be substantially in the following form: 


STATE OF OREGON, ) 
County of Multnomah, )ss. 

City of Portland. ) 

ee EN ths c org t SEs cael e. «fai ssede, 66m ¢ oie also si sain a #0) kus apnlelo)sveie lege , of 
eae cise ho sha Gag Oe! weds SLECOU Me eae har tictas elias aud wite eave arehiis felted kone ten eat ape 
Aoaereuve accept DOMINATION TOT >the OfliCe Oso. ..%.- 5 cue ols oes tes Beebe Ue tbs want me mse 
if elected I will qualify. 

CPL NG ie ee te esac as oro. ah en eltenetdims ches atts som Page cat 

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Notary Public for Oregon. 


(f) The validity or legality of an election shall not be in any way affected by 
any defect or irregularity in any nominating petition. 

(g) Forms Supplied by the Auditor: It shall be the duty of the Auditor, upon 
application, to furnish a reasonable number of printed forms of such individual cer- 
tificates, and of acceptances of nomination. 

(h) Preservation of Nomination Petitions: The Auditor shall preserve in his 


[ 53 J 


office for a period of four years, and during the pendency of litigation relating to 


the election, all papers relative to nomination. 
[Am. May 8, 1913, §42.] 


§ 125. PUBLICATION OF ELECTION NOTICE: 


Publication of Lists of Candidates: The Auditor on or before the fifteenth 
day before every election, shall prepare and file in his office a certificate containing 
a complete list of the offices to be filled, stating whether for a full or an unexpired 
term, and the candidates for each office who are entitled to have their names appear 
upon the ballot. The Auditor shall cause to be published in all succeeding issues of 
the City Official Newspaper before the day of election, an election notice, which shall 
contain a copy of a certificate above described, and also the time of holding such elec- 
tion, and the place in each precinct designated for holding the same. A copy of 
such notice shall be posted at all polling places seven days before the day of election. 
Failure to post notices shall not invalidate the election, nor shall failure to publish 


notice invalidate any general municipal election. 
[Am. May 3, 1913, §43.] 


§ 126. INFORMALITIES DISREGARDED: 


Informalities in Election: No informalities in conducting municipal elections 
shall invalidate the same, if they be conducted fairly and in substantial conformity 


with the ‘requirements of this Charter. 
[Am. May 8, 1913, §44.] 


§ 127. STATE LAWS APPLICABLE. 


General Election Regulations: The provisions of any state law, in force at the 
time of any election, relating to the qualifications and registrations of electors, the 
manner of voting, the duties of election officers, the canvassing of returns, and all 
other provisions with respect to the management of elections, where applicable, shall 
apply to all municipal elections, except in so far as the same are in conflict with 
the provisions of this Charter. Powers conferred and duties imposed by such laws 
upon state and county officers are hereby conferred and imposed upon the corres- 


ponding city officers. 
[Am. May 8, 1918, §45.] 


§ 128. ACT OF 1899 TO GOVERN ELECTIONS—REGISTRATION OF VOTERS: 


The provisions of an act entitled “An act to provide for the registration of 
electors, regulating the manner of conducting elections, providing for the preven- 
tion of and punishment for frauds affecting the suffrage and to prevent illegal 
voting,” approved February 17, 1899, shall apply to elections held under this Charter, 
except as herein otherwise provided. No person who has registered for the pre- 
ceding county election and has not changed his residence need register again for a 
city election. The County Clerk shall keep open the registration books, lists, etc., 
for a period of thirty days immediately before the 15th day of April next preceding 
the city election and during such time shall register all persons who since the regis- 
tration books were last closed have become eligible to vote at such elections, or who, 
being entitled to vote, have failed to register, and shall enter changes of residences 
occurring since the last registration of all persons who shall apply therefor. Such 
clerk shall send to the several precincts the precinct register thus corrected, as pro- 
vided by said act, and the same shall be used by the judges and clerks at such 


election as provided in said act. 
[Ch. 1903, §23.] 


§ 129. PREFERENTIAL SYSTEM OF VOTING: 


Ballots, Preparation and Form: The Auditor shall cause ballots for general and 
special elections to be prepared, printed and authenticated. The ballots shall contain 


[54] 


a complete list of the offices to be filled and the names of the candidates nominated 
therefor. When the number of candidates is more than three times the number of 
offices to be filled, each voter shall have the right to vote for as many first choice 
candidates as there are offices to be filled, and as many second choice candidates as 
there are offices to be filled, and as many third choice candidates as there are offices 
to be filled. The form of the ballot shall be substantially as follows: 


GENERAL (OR SPECIAL) MUNICIPAL ELECTION, CITY OF PORTLAND 


(Inserting date thereof) 

INSTRUCTIONS: 

To vote for any person mark a cross (X) in a square to the right of the name. 

VOTE FIRST CHOICE FOR (here insert number of offices to be filled). 

VOTE SECOND CHOICE FOR (here insert number of offices to be filled). 

VOTE FOR THIRD CHOICE FOR (here insert number of offices to be filled). 

VOTE YOUR FIRST CHOICES IN THE FIRST COLUMN. 

VOTE YOUR SECOND CHOICES IN THE SECOND COLUMN. 

VOTE YOUR THIRD CHOICES IN THE THIRD COLUMN. 

DO NOT VOTE MORE THAN ONE CHOICE FOR ANY ONE CANDIDATE. 

All distinguishing marks make the ballot void. 

If you wrongly mark, tear or deface the ballot, return it and obtain another 
from the election officers. 

(Here state officers to be elected, as Mayor and two Commissioners, or Auditor 
and two Commissioners.) 

If any voter shall vote more than one choice for any one candidate the vote 
highest in grade shall be counted and others rejected. 


First Second Third 


Mayor Choice Choice Choice 
Names of Candidates 

First Second Third 
Auditor Choice Choice Choice 
Names of Candidates 

First Second Third 
Commissioners Choice Choice Choice 


Names of Candidates 


(Charter amendments, ordinances, or other referendum matters to be voted upon 
to appear here) 


When the number of candidates is more than ‘twice the number of offices to be 
filled, and not more than three times the number of offices to be filled, the ballot 
shall give first and second choice columns only; and in such case the voter shall 
have no third choice; and the instructions on the ballot shall be modified accordingly. 

When the number of candidates is not more than twice the number of offices to 
be filled only one column for marking shall appear; and in such case the voter shall 


have no second choice; and the instructions on the ballot shall be modified peordinely, 
[Am. May 8, 1913, $46.] 


§ 130. FORM OF BALLOTS: 


Requirements of Ballots: All official ballots used at any election shall be iden- 
tical in form. Space shall be provided on the ballot for Charter amendments or other 
questions to be voted upon at municipal elections. The names of the candidates for 
each office shall be arranged on the ballot in the order in which the nominating 
petitions were filed; nothing on the ballot shall be indicative of the source of the 
candidacy, or of the support of any candidate. No ballot shall have printed thereon 
any party or political designation or mark and there shall not be appended to the 
name of any candidate any party or political designation or mark (but words not ex- 


' 55 J 


ceeding twelve indicating his views on strictly municipal questions or issues may be). 
[Am. May 38, 1918, §47.] 


§ 131. SAMPLE BALLOTS: 


Sample Ballots: The Auditor, at least ten days before the election shall cause 
to be printed not less than 5000 sample ballots upon paper of different color but 
otherwise identical, except in numbering, with the ballot, to be used at the election, 
and shall distribute the same to registered voters at his office and cause a copy 
thereof in convenient form to be published in one or more daily papers of general 


circulation. Sample ballots shall be posted at the polls on election day. 
[Am. May 8, 1913, §48.] 


§ 132. CANVASS OF RETURNS AND DETERMINATION OF RESULTS OF 
ELECTIONS: 


(a) As soon as the polls are closed the precinct election officers shall open 
the ballot boxes, take therefrom and count the ballots and enter the total number 
thereof on the tally sheets provided therefor. They then shall count and enter the 
number of the first, second and third choice votes for each candidate on said tally 
sheet and make return thereof to the Auditor as provided by law. 

(bo) If a ballot contain more than one vote for the same candidate, only the 
one of such votes highest in rank shall be counted. If a ballot contain either first, 
second or third choice votes in excess of the number of offices to be filled, no vote 
in the column showing such excess shall be counted. 

(c) The foregoing subdivisions (a) and (b) of this section shall be printed 
conspicuously on the tally sheets furnished to the election officers. 

(d) Candidates receiving a majority of first choice votes for any office shall 
be elected. If the full number of candidates to be elected do not receive a majority 
of the first choice votes for such office, a canvass shall then be made of the second 
choice votes received by those candidates for said office who are not elected by first 
choice votes; said second choice votes shall be added to the first choice votes received 
by such candidates, and candidates who by such addition shall receive a majority 
vote shall be elected. 

(e) If by count of either first choice votes or first and second choice votes, 

as above provided, more candidates than there are offices to be filled shall receive 
a majority, the candidate or candidates equal in number to the number of offices 
to be filled having the highest vote shall be elected. 
. (f) If the full number of candidates to be elected do not receive a majority by 
adding first and second choice votes, as above directed, a canvass shall then be made 
of the third choice votes received by those candidates for said office who are not 
elected, either by first choice votes or by adding first and second choice votes, said 
third choice votes shall be added to the first and second choice votes received by such 
candidates, and the candidates, equal in number to the number of offices remaining 
to be filled who received the highest number of votes by said addition shall be 
elected. 

(gz) <A tie between two or more candidates shall be decided in favor of the one 
having the highest number of first choice votes. If they also equal in that respect, 
then the highest number of second choice votes shall determine the result. If this 
does not decide then the tie shall be determined by lot, under the direction of the 
canvassing board. 

(h) Whenever the word “majority” is used in this section it shall mean the 
smallest whole number in excess of one-half of the quotient obtained by dividing the 
total number of first choice votes, for any office by the number of officers to be 


elected thereto. 
[Am. May 3, 19138, §49.] 


§ 133. EXPENSE OF REGISTRATION PAID BY CITY: 
The County Court of Multnomah County, Oregon, shall cause an itemized state- 


[ 56 ] 


ment of the actual additional cost to said county caused in each year in which a gen- 
eral city election is held under this Charter by the opening, preparation and use 
of said registration lists and preparation of ballots as herein prescribed and by mat- 
ters in connection therewith to be prepared and filed with the Auditor of the City of 
Portland. The Council shall appropriate the amount named in such statement or such 
other amount as it may determine to be such true actual additional cost, and the same 


shall be paid to said County of Multnomah in reimbursement of such cost. 
[Ch. 1903, §24.] 


§ 134. DATES OF ELECTIONS: 


The dates fixed in said election laws are hereby changed as far as they relate 
to said city elections, and the dates prescribed in this Charter shall be substituted 


for and take the place of the dates set forth in said election laws. 
[Ch. 1908, §25.] 


§ 135. NOTICE OF ELECTION TO BE PUBLISHED: 


The Auditor, under the direction of the Council, shall give ten days’ notice by 
publication in the city official newspaper of each general city election, the officers 
to be elected at the same and the place or places in each ward designated for hold- 


ing the election therein. 
[Ch. 1903, §26.] 


§ 136. COUNCIL TO CHOOSE JUDGES AND CLERKS: 


Judges and clerks of election to serve at city elections shall be chosen by the 
Council at its first meeting in January each year in which a city election is to be 
held, objections, remonstrances and suggestions relating to such judges shall be 


heard by the Council at its second regular meeting in February. 
[Am. May 8, 1918, §50.] 


§ 137. QUALIFICATIONS OF VOTERS: 


No person is qualified to vote at an election held under this act who has not 
been a resident of the city for six months and of the precinct in which he offers to 
vote for thirty days next preceding such election, and who does not possess the 


qualifications of a legal voter of the state of Oregon. 
[Ch. 1908, §27; Am. May 8, 1913, §51.] 


§ 1388. CANVASS OF ELECTION RETURNS: 


On the fourth day after an election, or sooner if the returns from all precincts 
are in, the Auditor shall call to his assistance the County Clerk of the County of 
Multnomah and a Justice of the Peace, resident in Portland, and they three shall 


then canvass the returns of the election. 
[Ch. 1903, §31; Am. May 8, 1913, §52.] 


§ 139. STATEMENT OF CANVASS TO BE FILED: 


A written statement of the canvass shall be made and signed by the canvassers, 
or a majority of them, and filed with the Auditor, within the time appointed to com- 
plete the canvass. Such writing must contain a statement of the whole number of the 
votes cast at such election, and the number given for any person for any office and 
the names of the persons elected, and to what office, and also the number of votes 


for or against any propostion submitted to the people. 
[Ch. 1908, §382.] 


§ 140. CERTIFICATE OF ELECTION: 


Immediately after the completion of the canvass the Auditor must make and 
sign a certificate of election for each person determined by such canvass to: be 


elected and deliver the same to him on demand. 
[Ch. 1903, §388.] 


[ 57 ] 


§ 141. CERTIFICATE OF ELECTION—PRIMARY EVIDENCE: 


A certificate of election is primary evidence of the facts therein stated, but 
the Council is the judge of the qualifications and election of its own members; 
and in case of a contest between two persons claiming to be elected thereto, must 
determine the same, subject, however, to review by any court of competent juris- 


diction. 
[Ch. 1908, §84; Am. May 8, 1918, §58.] 


§ 142. CONTESTED ELECTIONS: 


A contested election for any office, other than that of Mayor or Councilman, 
must be determined according to the law of this state regulating proceedings in con- 


tested elections for county officers. 
[Ch. 1903, §35.] 


§ 143. PRESENT INCUMBENTS HOLD OVER: 


The incumbents of all offices, places and positions under the Charter of 
1903, not expressly abolished by this\ Charter, shall continue to hold their respective 


places until their successors under this Charter are chosen and qualified. 
[Ch. 1908, §40; Am. May 8, 1918, §54.] 


CHAPTER 6 
Official Advertising and Contracts 


§ 144. COUNCIL TO CONTRACT ANNUALLY FOR ADVERTISING. 

§ 145. COUNCIL TO RE-LET CONTRACT IF ANNULLED. | 

§ 146. OFFICIAL ADVERTISING—WHERE TO BE MADE. 

§ 147. TERMS “SUCCESSIVE” AND “CONSECUTIVE” DEFINED. 

§ 148. CONTRACT FOR OVER $250 MUST BE IN WRITING. 

§ 149. CONTRACTORS TO GIVE INDEMNITY BOND. 

§ 150. NO PURCHASE IN EXCESS OF $250 WITHOUT BID—CONTRACTS 
TO LOWEST RESPONSIBLE BIDDER. 


§ 144. COUNCIL TO CONTRACT ANNUALLY FOR ADVERTISING: 


All contracts for official advertising shall be let annually by the Council to 
' the lowest responsible bidder publishing a daily newspaper in the City of Port- 
land and which has a bona fide circulation therein. 

The paper to which the award of such advertising is made shall be known and 


designated as the “City Official Newspaper.” 
[Am. May 8, 1913, §38.] 


§ 145. COUNCIL TO RE-LET CONTRACT IF ANNULLED: 


If the City Official Newspaper ceases to be published,’ or for any cause the 
contract be annulled, a new contract for the unexpired term of the original contract 
shall be let to the lowest responsible bidder publishing a daily newspaper as pro- 
vided in this Charter, and until such new contract is let the Council shall designate 
-a daily newspaper in which all advertising shall be published, which newspaper 


shall be known and designated for the time being as the “City Official Newspaper.” 
[Am. May 8, 1913, §39.] 


§ 146. OFFICIAL ADVERTISING—WHERE TO BE MADE: 


All advertising and publications provided for in this Charter must be made . 
in the City Official Newspaper and such other publications as the Council may by 


ordinance direct. 
[Am. May 38, 19138, §40.] 


[58 | 


§ 147. TERMS “SUCCESSIVE” AND “CONSECUTIVE” DEFINED: 


Any requirement of this Charter for any form of notice to be published in the 
City Official Newspaper for a stated number of successive or consecutive days shall 
be construed to mean publication of such notice in the stated number of consecu- 
tive issues of said newspaper, and publication of said notice in said stated number 
of consecutive issues of said newspaper shall be a full compliance of such require- 


ments. 
[Ch. 1903, §61.] 


§ 148. CONTRACT FOR OVER $250 MUST BE IN WRITING: 


The City of Portland shall not be bound by any contract nor in any way liable 
thereon, unless the same is authorized by an ordinance and made in writing and 
signed by some person or persons duly authorized thereunto by the Council. But 
an ordinance may authorize any board, body, officer or agent, to bind the city 
without a contract in writing for the payment of any sum not exceeding two hundred 


and fifty dollars ($250.00). 
[Ch. 1903, §6; Am. May 3, 1913, §3.] 


§ 149. CONTRACTORS TO GIVE INDEMNITY BOND: 


All contractors shall, at the time of executing any contract for work to be 
done for the city, execute a bond to the satisfaction of the Council, to be approved 
by the Mayor, in such sum as said Council may deem adequate, not less than fifty 
per cent of the contract price of such contract, payable to the City of Portland, and 
if executed by individual sureties they shall justify in double the amount of the said 
bond; said bond shall be conditioned for the faithful performance of such contract, 
and further that the contractor will fully secure and pay the just claims of all 
laborers, material men and sub-contractors employed by him therdunder. Any 
such laborer, material man or sub-contractor whose just claims may not be satis- 
fied, shall have and is hereby granted a right of action upon said bond in the name 
of the City of Portland and said action shall have the same force and effect as 
if this City was enforcing the covenants of such bond. All persons having such 
claims may join or be brought into one action andi the City shall also be made a 
a party thereto to the end that all rights arising under one bond may be deter- 


mined in one action. 
[Ch. 1903, §162; Am. May 8, 1913, §95.] 


§ 150. NO PURCHASE IN EXCESS OF $250 WITHOUT BID—CONTRACTS TO 
LOWEST RESPONSIBLE BIDDER: 


The Council shall make no purchase of supplies and material in excess of two 
hundred and fifty ($250.00) dollars without having duly advertised for the same in 
the City Official Newspaper. The Council shall have no power to let any contract 
for any public improvement or for any supplies for the City of Portland except such 
contract be let to the lowest responsible bidder for the class or kinds selected by 
the Council. The specifications upon which the bids shall be made shall clearly 
state the kind, class, grade and quality of improvement or supplies desired and one 
or more sets of the specifications may be adopted by the Council. The Council 
shall have the right to reject any and all bids. This provision shall not prevent the 
Council from employing labor direct to construct or carry on public works or to 


make public improvements. 


[Ch. 1903, §164; Am. May 8, 1913, §96.] 
*[Note. See Section 295.] 


CHAPTER 7 


Public Utilities and Franchises 


ARTICLE 1. 
§ 151. PUBLIC UTILITIES—GENERAL PROVISIONS. 


[59 J 


§ 152. POWER OF CITY TO USE. 

§ 158. “PUBLIC UTILITY” DEFINED. 

§ 154. GENERAL SUPERVISION BY COUNCIL. 

§ 155. COUNCIL MAY ISSUE AND SELL CERTIFICATES. 
§ 156. COUNCIL MAY INVESTIGATE. 

§ 157. QUARTERLY REPORT REQUIRED. 

§ 158. COUNCIL MAY MAKE RULES TO GOVERN. 

§ 159. FRANCHISE SUBJECT TO CHARTER PROVISIONS. 
§ 160. LIMITING INDEBTEDNESS TO BE INCURRED. 


§ 151. PUBLIC UTILITIES—GENERAL PROVISIONS: 


The City of Portland shall have the power to construct, condemn, purchase, add to, 
acquire, maintain, operate and own all or any part of any public utility or any 
plant or enterprise, for the purpose of serving the city and the people thereof for 
uses public and private. Such power may be exercised in any lawful manner and 
shall include the power to purchase, condemn or otherwise acquire any franchise 


heretofore granted to operate a public utility. 
[Am. May 8, 1918, §58.] 


§ 152. POWER OF CITY TO USE: 


The City shall have the power to construct and acquire in any legal way and 
to maintain and operate works, plants and facilities for the purpose of doing any and 
all municipal work by direct employment of labor under the supervision of the City, 
and may use such works, plants and facilities, and the product thereof, for the 
purpose of doing municipal work of all kinds, and shall have the power to sell such 
product for use in the construction of municipal improvements of all kinds. It shall 
have power to provide payment for the whole or any part of local improvements 
constructed or done by the city directly under the provisions of this section by as- 
sessment against the property benefited thereby. 

Funds for the carrying out of this section may be provided by issuing bonds as 
provided in Section 227 of this Charter or by the use of any moneys in the general 


fund at the end of the fiscal year. 
[Am. May 8, 1913, §59.] 


§ 153. “PUBLIC UTILITY” DEFINED: 


The term “public utility” as used in this Charter shall be deemed to include 
every plant, property or system engaged in the public service within the city or op- 
erated as a public utility as such terms are commonly understood. 

[Am. May 8, 1918, §60.] 


§ 154. GENERAL SUPERVISION BY COUNCIL: 


The Council shall have general supervision and power of regulation of all public 
utilities within the City of Portland, and of all persons and corporations engaged in 


the operation thereof. 
[Am. May 8, 1918, part of §61.] 


§ 155. COUNCIL MAY ISSUE AND SELL CERTIFICATES: 


The Council is hereby granted power to issue and sell interest bearing public 
utility certificates for the construction or acquisition by purchase, condemnation 
or otherwise of any public utility to be operated within the city. The certificates 
shall be secured by a mortgage or mortgages upon such public utility plant and the 
revenues thereof, but the same shall not be a general liability of the city and shall 
be paid solely from the revenues derived from the plant or from the sale thereof. 
Such power shall be exercised only by ordinances which shall be subject to refer 
endum in like manner and upon like terms and conditions as ordinances grant 


ing franchises. ae y 
[Am. May 3, 1918, part of §61.] 


[60 J 


§ 156 —COUNCIL MAY INVESTIGATE: 


The Council shall have the power to investigate from time to time, and when- 
ever they shall deem that the public service, health or welfare require it, the af- 
fairs, business and property of any public utility within the City. For that pur- 
pose they shall have the right to compel the attendance of witnesses and the pro- 
duction of books, papers and records, and of entry it. person or by authorized agent 
upon any premises or places of any person or corporation engaged in the operation 
of a public utility. They shall have the power to control, regulate and order such 
changes, improvements, extensions, additional facilities, appliances or equipment 
in or upon the plant and property of any person or corporation operating public 
utilities within the city as may be deemed necessary to promote the public interest, 
convenience or safety, and to protect its employes in the construction, maintenance 
or operation of any such public utilities. 

Every charge, rate, fare or compensation made, charged or demanded by any 
person or corporation engaged in the operation of a public utility within the City 
of Portland for any service rendered or to be rendered shall be just, fair and rea- 
sonable. The Council shall have the power to hear and determine what are just, 
fair and reasonable rates, fares and charges and to fix and limit such rates, fares 
and charges and for that purpose may make valuations of the property of any person 
or corporation engaged in the operation of a public utility within the City. To 
that end they shall make and enforce regulations providing that at the time of 
construction or acquisition of any plant or property rendering a public service and 
of any improvement or additions thereto the person or corporation having charge 
thereof shall record with the Auditor a description of all property which such per- 
son or corporation shall intend to present for such valuation and all later improve- 
ments when made, together with full information as to the cost thereof and vouchers 
supporting the same, to the end that a complete record of all property to be valued 


under this section shall be at all times available. 
[Am. May 38, 1913, §63.] 


§ 157. QUARTERLY REPORT REQUIRED: 


Every person or corporation operating a public utility within the City rendering 
service to be paid for wholly or in part by the users of such service shall keep full 
and correct books and accounts and make stated quarterly reports in writing to the 
Council, verified by such person or an officer of the corporation, which shall contain 
an accurate statement in summarized form as well as in detail of all receipts from 
all sources and all expenditures for all purposes together with a full statement of 
all assets and debts including stock and bond issues as well as such other informa- 
tion as to the cost and profits of said service, and the financial condition of such 
grantee as the Council may require. Such reports shall be public and a summary 
thereof shall be printed as a part of the annual report of the Auditor, and the 
Council may inspect or examine, or cause to be inspected or examined, at all rea- 
sonable hours, any and all books of account and vouchers of such grantee. 

Such books of account shall be kept and reports made in accordance with forms 
and methods prescribed by the Council and so far as practicable shall be uniform 
for all grantees and holders of franchises, and shall except for important and neces- 
sary changes conform to such reports as are required by state or federal public 
utility commissions. 

Every failure or neglect on the part of the grantee or holder of a franchise to 
keep books of account or to make reports under this section shall be deemed an 
offense and the Council may by ordinance provide for the punishment of every 
such violation, failure or neglect by fine or imprisonment, or both, of the persons 
or person whose duty it shall be to keep such books of account and make such reports. 

The enumeration in this chapter of any particular or special power or duty shall 
be construed as additional and supplementary to any and all other powers residing 


in Or otherwise conferred upon the City of Portland. 


[Am. May 3, 1913, §63.] 
[Am. May 3, 1913, §62.] 


[ 61 ] 


§ 158. COUNCIL MAY MAKE RULES TO GIVERN: 


The Council shall have power to make all orders, rules and regulations neces- 
sary or appropriate to carry into effect the powers granted and to make the same 
effective by penalties and forfeitures, and upon failure by any franchise holder 
to comply with any of the requirements of sections 157, 178, 179 or 180 of this 
Charter for a period of thirty days after notice, the Council shall have power to 
declare by ordinance a forfeiture of the franchise under which any person or cor- 
poration so failing to comply is operating a public utility within the City of Portland. 

Every such order, rule or regulation of the Council shall take effect at a time 
to be therein specified, and shall continue in force until modified or abrogated by 
the Council or modified, suspended or set aside by the decree or judgment of a court 
of competent jurisdiction. 

Whenever any person or corporation against whom any rule, order or regula- 
tion is directed, as provided by the foregoing subdivision shall believe an order to 
be unjust or unreasonable, he or it may test its justice or reasonableness by a 
proper action in the courts commenced within thirty days after service of any 
such order, rule or regulation, and in such action such further order may be enter- 
ed in the premises as shall be warranted by the facts developed upon the trial and 


the law applicable thereto. 
[Am. May 8, 1913, §64.] 


§ 159. FRANCHISE SUBJECT TO CHARTER PROVISIONS: 


Every franchise hereafter granted shall be expressly subject to all the pro- 
visions of the foregoing sections and the power of control and regulation as 
authorized by such sections cannot be limited, divested or granted away. Sub 
ject to the initiative and referendum such power of control and regulation shall be 
exercised by the Council and may be exercised by the Council through its agents. 

[Am. May 3, 1913, §65.] 


§ 160. LIMITING INDEBTEDNESS TO BE INCURRED: 


No indebtedness shall be incurred for the acquisition of any public utility 
under the provisions of this Charter which, together with the existing bonded in- 
debtedness of the city, shall exceed at any one time seven per centum of the assessed 
value of all real and personal property in the city, but in estimating such bonded 
indebtedness, all bonds given for the acquisition or construction of public properties 
and utilities, the interest on which bonds is paid out of the earnings of said public 
utilities or properties, shall be excluded, provided that whenever and for so long 
as such utility or undertaking fails to produce a sufficient revenue to pay all 
costs of operation and administration (including interest on the city bonds issued 
therefor and the cost of insurance against loss by fire, accidents and injuries to 
persons) and an annual amount sufficient to pay at or before maturity all bonds 
issued on account of said undertaking, all such bonds outstanding shall be included in 
determining the limitation of the city’s power to incur indebtedness, unless the 
principal and interest thereof be payable exclusively from the receipts of such 
undertaking. The Auditor shall annually report to the Council in detail the amount 
of revenue from each such undertaking and whether there is any, and if so, what, 


deficit in meeting the requirements above set forth. © 
[Ch. 1903, §88.] 


ARTICLE 2. PUBLIC DOCKS. 


§ 161. CREATING DEPARTMENT OF PUBLIC DOCKS. 
§ 162. ADMINISTRATION. 

§ 168. POWERS AND DUTIES OF DOCK COMMISSION. 
§ 164. 1907 DOCK BOND ACT REPEALED. 

§ 1644%. HARBOR BONDS. 

§ 1642-3. POWER TO SELL. 


2] 


§ 161. CREATING DEPARTMENT OF PUBLIC DOCKS: 
There is hereby created a department in the City of Portland known as the 


“Department of Public Docks.” 
[Am. Nov. 8, 1910, Subdiv. 1 of §118.] 


§ 162. ADMINISTRATION. 


The Department of Public Docks shall be administered by a dock commission 
composed of five (5) members, who shall be appointed by the Mayor. Within 
ten (10) days after the adoption of this measure the Mayor shall appoint five (5) 
persons, who are qualified voters and have been three (3) years residents of the 
City of Portland, members of the dock commission. Such persons shall deter- 
mine by lot among themselves the length of their terms, for one, two, three, four and 
five years, respectively. On the expiration of the term of any member his suc- 
cessors shall be appointed by the Mayor. Resignations, when made, shall be ad- 
dressed to and accepted by the Mayor, and vacancies filled by him by appoint- 
ment for the unexpired term. The members shall serve without salary or com- 
pensation of any nature. Within ten days after their appointment the commission 
shall meet and organize by the election of a chairman and secretary and by making 


provision for stated meetings. 
[Am. Nov. 8, 1910, Subdiv. 2 of §118.] 


§ 163. POWERS AND DUTIES OF DOCK COMMISSION: 


The commission shall have power, and it shall be its duty for and on behalf of 
said City of Portland: 


(a) To cause to be prepared a comprehensive plan for the reconstruction 
of the harbor front of the City of Portland, making provision for the needs of 
commerce and shipping and providing for the reconstruction of such docks, piers, 
slips, wharves, basins, cranes and dock apparatus as they may deem necessary for the 
convenient and economical accommodation and handling of water craft of all kinds 
and of goods and passengers; and they may modify such plans from time to time 
as the requirements of commerce and shipping and the advance of knowledge and 
information on the subject may suggest. 


(b) And as a part of such plan to provide for public owned docks of such 
number and character and in such places as the commission may deem feasible and 
proper. 


(c) To purchase or acquire by condemnation, as hereinafter provided, or by 
other lawful means, such lands, or rights, or interests therein, as may be proper or 
necessary for use in the construction of any public owned dock, wharf, pier, slip, 
basin or other structure as may be provided for in such plan. If the commission 
shall deem it proper and expedient that the city should acquire possession of such 
wharf, property, or land, and no price can be agreed upon between the commission 
and the owner thereof, the commission may direct the City Attorney to take legal 
proceedings to acquire the same for the City in the same manner as land is con- 
demned for the purpose of parks, or as is or may be provided by the general laws 
of the State of Oregon in the case of corporations having the right of eminent do- 
main. The title to all lands acquired by the commisssion shall be taken in the name 
of the City of Portland. If any lands acquired by the commission shall become un- 
available for the purposes for which they were acquired they shall become the prop- 
erty of the City of Portland, free from any restriction, upon the passing of a 
resolution |so declaring by the commissfon; the commission may exchange, or 
otherwise dispose of the same, in the discharge of its duties, as hereinafter set forth. 
No further evidence or attempt by the commission to agree with the owners of 
property shall be required than the sending of an offer by registered mail to the 
owner or occupant by name, if known; if not by such general designation, at the 
premises, if occupied, if not by postisg a notice in a conspicuous place on said 


a2) 


premises for ten (10) days prior to the institution of the ‘suit setting forth the 
amount of the offer made by the commission. 

The City of Portland, acting through its Commission of Public Docks, is here- 
by authorized and empowered to lease for industrial uses any lands acquired by it 
not immediately needed for docks, wharfs, piers, slips, basins, or other public uses 
for such period of time not exceeding thirty years and on such terms as the said 
Commission may deem advisable, provided, however, that the rent to be paid there- 
for during the period of such lease shall not be less than five per cent per annum 
of the market value of the said lands. Such market value shall be ascertained and 
fixed by the said Commission immediately prior to such leasing and every fifth year 


thereafter during the term of any such lease. 
[Amendment of November 7, 1922]. 


(d) The commission shall have exclusive charge and control of the wharf 
property belonging to the City of Portland, including all the wharves, piers, bulk- 
heads and structures thereon, and waters adjacent thereto, and all the slips, basins, 
docks, water fronts, lands under water and structures thereon and the appurten- 
ances, easements, uses, reversions and rights belonging thereto which are now 
owned or possessed by said corporation or to which said corporation is or may be- 
come entitled, or which said corporation may acquire under the provisions hereof, 
or otherwise. The commission shall have the exclusive charge and control of the re- 
pairing, building, rebuilding, operation, alteration, and leasing of said property 
and every part thereof and all of the cleaning, dredging and deepening necessary 
in and about the same. 


(e) The commission is also vested with exclusive government and control of 
all wharf property, wharves, piers, bulkheads and structures thereon, and waters 
adjacent thereto, and all the basins, slips, and docks, with the land under water, 
of said City not owned by said corporation. The powers conferred by the law 
of 1862, being Sections 4042 and 4048 of Bellinger and Cotton’s Annotated Codes 
and Statutes of Oregon, in respect of piers and wharves, the same being Sections 
5201 and 5202 of the laws of the State of Oregon, as prepared and annotated under 
the supervision of William F. Lord, code commissioner, and published in the year 
1910, are hereby vested in the said commission. The said commission shall further 
have and exercise all the powers, rights and duties in respect of the subject matter 
herein provided for and that are now had or enjoyed by the City of Portland or by 
any of its departments, or officers, and especially the powers and duties conferred 
by subdivisions 76, 77 and 78 of Section 73 of the Charter of the City of Portland 
(1903); provided, however, that the grant of power herein contained shall in 
no wise limit, modify or restrict the powers conferred upon and _ exercised 
by the municipal corporation known as the Port of Portland, by its charter and 
several amendments thereto. Said commissioners, in addition to a general control 
over the harbor front of the City, as aforesaid, shall have authority to use, for load- 
ing and landing merchandise with the right to collect dockage, wharfage and tolls 
thereon, as hereinafter provided, such portions of the streets of the City of Port- 
land ending or fronting upon the Willamette River in said City, as may be used 
for said purposes without materially obstructing the use of the same for access 
to the river. 


(f) In the construction of docks, or the performance of other work, the com- 
mission shall proceed only after public notice asking for proposals based upon the 
plans and specifications previously submitted and filed with the commission by its 
engineer, and approved by them; provided that when, in the judgment of the 
commission, the bids received are excessive, or otherwise unsuitable, the com- 
mission may proceed to do the work directly. The commission shall in all cases 
have the right to reject any and all bids. In the event that it shall perform the 
work directly or without contract, it shall make no purchase of materials in amounts 
exceeding one hundred dollars ($100.00) except by public letting, or in case of failure 
to receive bids after reasonable notice in a public newspaper of the City of Port- 


[ 64 | 


land, or in case of extreme emergency where the delay of public letting might cause 
serious loss or injury to the work. 


(g) The commission shall have the power to make general rules and regula- 
tions for the carrying out of the plans proposed by it for the building, rebuilding, 
repairing, alteration and mainteance of all structures, erections or artificial con- 
structions upon or adjacent to the water front of the City of Portland, and, ex- 
cept as provided by the general rules of the commission, no new structures or re- 
pairs upon or along said water front shall be undertaken, except upon application 
to the commission and under permit by it and in accordance with the general plans 
of the commission and in pursuance of specifications submitted to the commission | 
and approved by them upon such application. The general rules and regulations 
of the commission shall be embodied in the forms of ordinances and certified copies 
thereof shall, forthwith upon their passage, be transmitted to the Auditor of the 
City of Portland, who shall cause the same to be transcribed at length in a book 
kept for that purpose and the same shall be included in any publication or com- 
pilation of ordinances of the City of Portland. Such book shall be a public record 
and the same and copies thereof, shall be accessible to the public under like terms 
and conditions as other ordinances of the City of Portland; provided, however, that 
the commission may, in its discretion, withhold from publication the places where 
the public-owned docks proposed by it are to be situated until the same shall be 
acquired. All such ordinances or general regulations prescribed by the commis- 
sion shall be subject to amendment, repeal or alteration on referendum or by the 
initiative in like manner as ordinances of the City of Portland. The commission, 
however, shall have power and authority to prescribe administrative regulations of 
a temporary nature and to alter the same from time to time without other record 
of the same than in its own books. 


(h) The commission shall have the power to fix and regulate from time to 
time, and from time to time to alter the dockage, wharfage, and cranage charges 
for all public-owned docks, piers, wharves, or slips, and a schedule of such regulations 
shall be enacted in the form of ordinances and a certified copy thereof shall be 
transmitted to the Auditor of the City of Portland in like manner as other ordin- 
ances’ before the same shall go into or be in effect. 


(i) The power and authority over that part of the streets of the City of Port- 
land which abut upon or intersect its navigable waters, lying between the harbor 
line and the first intersecting street, measuring backward from highwater mark, 
is hereby conferred upon and vested in the docks commission to the extent only 
that may be necessary or requisite in carrying out the powers elsewhere vested in 
it by this act; and is hereby declared that such power shall include the right to 
build docks, wharves, piers, retaining or sea walls, or other construction across 
and upon such streets; providing, only, that access be provided to the public at the 
shoreward end thereof. 


In case it shall be necessary to vacate any street or part of street in this 
section referred to for the purpose of carrying out the powers vested in the docks 
commission under this act, proceedings for such vacation shall be conducted as follows: 


The docks commission or any other person shall petition the Mayor and Council, 
setting forth the particular circumstances of the case and giving a distinct de- 
scription of the property to be vacated and the names of the persons particularly 
affected thereby, such persons to include all owners of property abutting upon the 
portion of the street to be vacated. Such petition shall be filed with the City Audi- 
tor thirty days previous to the session of the City Council at which time the same 
is proposed to be considered, and notice of the pendency of such petition shall be 
given for the same space of time in a public newspaper printed in said town. At 
such session, if the petitioner shall produce the written consent of the owners of 
the property abutting upon said street, the Council shall proceed to hear and deter- 
mine upon said application, and may grant the prayer of the petition, in whole or 


[ 65 ] 


in part. If opposition be made to such petition, the Council shall continue the ap- 
plication until its next session and shall then hear all parties interested, and de- 
termine upon the vacation or deny the same, as may seem just in the premises. No 
such vacation shall take place unless the consent of the person or persons owning the 
property immediately adjoining said street or alley be obtained thereto in writing, 
which consent shall be acknowledged before some officer authorized to take ack- 
nowledgments of deeds, and filed with the County Clerk. Such vacation shall 
vest in the owners for the time being of the lots or ground bordering thereon on 
either side, in equal proportions. 


(j) The commission shall have the power to employ such officers, employes, 
and agents as may be necessary in the efficient and economical carrying out of 
its duties and to fix and provide for their compensation. All permanent officers 
and employes of the commission, except consulting or technical employes, and em- 
ployes engaged in construction, shall be subject; in respect of their appointment 
and removal, to the civil service rules of the City of Portland. All offices, places 
and employments in the permanent service of the commission shall be provided 
for by ordinance duly passed and a list of the same shall be transmitted to the 
civil service commission for classification in like manner as other employments in 
the service of the City. 


(k) The commission shall annually make to the Mayor of the City of Port- 
land a full report of its doings for the year, including an itemized account of its 
receipts and expenditures, and of its estimated receipts and expenditures for the 
ensuing year. Such report shall be made at the same time as reports of the other 
departments of the City are submitted. Such report shall include a careful estimate 
of the amount necessary over and above net current receipts of the commission to 
pay interest on its bonded indebtedness then outstanding; to provide for the sink- 
ing fund hereinafter described and for the necessary expenses of the commission 
in the maintenance and operation of dock property, a tax levy sufficient to raise 
the amount named in said estimate shall annually be made by the Council of the 
City of Portland in such manner and at such time as other taxes are levied. In 
the event of the failure of the Council to make such levy, the amount of the esti- 
mate of the commission may be certified by it to the County Clerk in like manner 
and with the same effect as in the case of other corporations having the power to 
levy a tax. The amount of such tax, however, shall in no case exceed one-tenth of 
one mill upon the assessed valuation of the City of Portland in addition to the 
amount necessary to pay the interest and sinking fund, on the outstanding bonds of 
the commission. 


(1) The commission is hereby authorized, in the name of and under the cor- 
porate seal of the City of Portland, to issue and dispose of bonds of the City of 
Portland to an amount not exceeding two million five hundred thousand dollars 
_($2,500,000.00), of such denomination as the commission may determine, and in 
such form as they may direct. The commission may prescribe the length of time 
for which said bonds shall run, and that such bonds, or a prescribed portion of 
them, may be retired at any time after ten years. Such bonds may be issued in 
series, as the necessity for the expenditure of money in the progress of the work 
of the commission may arise. The bonds shall be signed by the Mayor and counter- 
signed by the Auditor of the City of Portland. Coupons shall be attached with 
engraved signatures of the Mayor and Auditor. Said bonds shall contain a promise 
on the part of the City of Portland, to pay to the bearer of said bonds, or the 
registered holder, if the same shall be registered, at the maturity thereof, the 
sum mentioned therein in gold coin of the United States, together with such interest 
thereon in like gold coin, as said commission shall prescribe, not to exceed six per 
cent per annum, payable half-yearly. Said bonds shall be known as “Dock Bonds 
of the City of Portland.” They shall be sold to the highest responsible bidder, but 
the commission may reject any and all bids tendered for the same, and proceed 
to readvertise when bids are not satisfactory. The Treasurer of the City of Port- 


[ 66 ] 


land shall have the care and custody of all moneys received from the sale of said 
bonds, and shall pay out the same on the warrants of the chairman of the com- 
mission, countersigned by its secretary, and not otherwise. The proceeds from the 
sale of the said bonds shall be expended by the commission, first, in the payment 
of the expenses of the issuance of the said bonds; second, for the preparation of the 
plan provided for by Section 38; third, for the purchase of land for the docks, or 
the purchase of lands and docks, or in pursuance of condemnation proceedings; and, 
fourth, in the construction and maintenance of docks, piers, slips and wharves, and 
in the maintenance and operation and management of the same, and in the exercise 
of the commission’s general powers. The bonds may contain such provision for their 
redemption as the commission may prescribe, but in the event of no provision being 
made therein, after five years from the issuance of any series of bonds, not less 
than two per cent of the pricipal thereof shall be set aside as a sinking fund and 
invested in income bearing securities, preference being given to bonds of the City 
of Portland; such security in no case to have a date of maturity subsequent to that 
of the bonds for the payment of which they are to provide. 


(m) All moneys received by the commission shall be paid to the City Treasurer 
and by him kept in a separate fund. Disbursements shall be made by him on war- 
rants of the president and secretary of the commission, in pursuance of its general 
purposes and after express authority or ordinance, or resolution of the commission. 
The books of the commission may from time to time be audited by the City Auditor 
of the City of Portland under the direction of the Mayor in such manner and at such 


time as he may prescribe. 
[Am. Nov. 8. 1910, Subdiv. 3 of §118.] 


§ 164. 1907 DOCK BOND ACT REPEALED: 


That that part of section 118 of an act entitled “An Act to Incorporate the 
City of Portland, Multnomah County, State of Oregon, and to provide authority (a 
charter) therefor, and to repeal all acts or parts of acts in conflict therewith,” 
filed in the office of the Secretary of State, January 3, 1903, which was added to 
said section 118 by an act adopted by the people of the City of Portland on January 
3, 1907, under and pursuant to a resolution of the Council of the City of Portland, 
adopted April 3, 1907, the ballot title of which in said election was “five hundred 
thousand dollars of dock bonds to be authorized for the purchase of land for docks, 
and construction and improvement of public docks, to be owned by the City of 
Portland, by an amendment to section 118, of the City Charter,” be and the same is 


hereby repealed. 
[Am. Noy. 8, 1910, Subdiv. 4 of §118.] 


§ 1644.. HARBOR BONDS: ” 


For the purpose of providing additional facilities for the accommodation of ves- 
sels of the United States Shipping Board Emergency Fleet Corporation and other 
vessels including dry docking, wharfing, warehousing, cold storage and such other 
harbor and dock facilities, equipment, services and accommodations of similar or 
different nature as the needs of maritime commerce may from time to time re- 
quire, the Commission of Public Docks of the City of Portland is hereby authorized 
and empowered to issue and sell bonds of the City of Portland to an amount not 
exceeding five million ($5,000,000.00) dollars in addition to the bonds heretofore 
authorized. Said bonds shall be designated and known as “Harbor Development 
Bonds of the City of Portland.” Not more than ten per cent of the total issue 
hereby authorized shall be made redeemable in any one year. The provisions of 
the charter relative to Municipal Grain Elevator Bonds of the City of Portland shall 
be applicable to the issuance and sale of the bonds hereby authorized except as 
herein otherwise provided, and the bonds hereby authorized shall be general obliga- 
tions of the City of Portland. The proceeds from the sale of such bonds may be 
extended by said Commission for paying the expenses of issuing and selling said 


[ 67 | 


bonds and paying not to exceed one year’s interest on said bonds, and for carrying 
out the provisions of this section. Said Commission shall have power and authority 
to acquire within or without the City of Portland such property as may be needed 
for the purpose above designated and to do all things which may be found necessary 
or expedient for carrying out said purposes; to lease, for such time as may be deemed 
advisable and with or without advertising, any undeveloped property which may be 
under the control of said Commission and not required for public use; to 
purchase from, and enter into agreements with the United States government, 
or its agencies or the state or its agencies, with or without aldvertising for 
bids, for the purpose of carrying into effect any of the purposes herein provided and 
to repay any indebtedness so incurred from the proceeds of bonds herein or here- 
tofore authorized; to do or provide for doing such dredging and/or filling as may 
be needed; to fix and collect reasonable charges for any and all services and facili- 
ties which may be performed or provided by said Commission, and to change such 
charges from time to time and to accept and exercise any and all powers and authority 
which may be granted to or conferred upon said Commission by the Legislative As- 
sembly of the State of Oregon relative to public matters pertaining to or facilitating 
shipping and/or commerce. The powers and duties of said Commission heretofore 
provided relative to other matters shall apply to the matters herein provided fOr. 
No tax shall be levied pursuant to the provisions of this section other than an amount 
which, with the net current revenues accruing and which may be applied to such 
purposes, will be sufficient to meet the maturing interest on all bonds issued here- 
under and provide a fund for the redemption of said bonds. The levy of such tax 
shall be made annually in the same manner and with the same force and effect as 


heretofore provided with respect to said Commission. 
[Amendment of November 5, 1918.] 


ARTICLE 3 
Public Incinerating Plant. 


§ 165. AUTHORIZING BOND ISSUE: 


The Council of the City of Portland is hereby authorized in the name of and 
under the corporate seal of said city to issue and dispose of bonds of said City of 
Portland to an amount not exceeding two hundred thousand dollars ($200,000.00), 
of the denomination of five hundred dollars ($500.00) or one thousand dollars 
$1,000.00), as the Council may determine, and in such form as said Council shall 
select, with interest coupons attached thereto. The said bonds shall be signed by 
the Mayor and countersigned by the Auditor of the City of Portland, and each of 
said coupons shall have the signatures of the Mayor and of the Auditor of said City 
of Portland engraved thereon, whereby the City of Portland shall be held and con- 
sidered in substance and effect to undertake and promise in consideration of the 
premises to pay to the bearer of each of said bonds at the expiration of twenty-five 
years from the date thereof, the sum named therein, in gold coin of the United 
States, together with interest thereon in like coin at the rate of four per centum per 
annum, payable half-yearly as provided in said coupons. The bonds issued in pur- 
suance of the authority hereby granted shall be known as Crematory Bonds of the 
City of Portland, Oregon, Series 1918. 


The bonds herein provided for and authorized to be issued shall be advertised 
and sold to the highest responsible bidder.. The Council may reject any and all 
bids tendered for such bonds and proceed to re-advertise the same when the bids 
are not satisfactory. The Treasurer of the City of Portland, Oregon, shall have 
the care and custody of all moneys received from the sale of said bonds or other- 
wise, and shall pay out the same on the warrants of the Mayor, countersigned by 
the Auditor, not otherwise. 

The proceeds of the sale of the bonds herein provided for shall be expended by 


) [ 68 ] 


the Council in the payment of the expenses of advertising and issuing said bonds, 
and in the acquisition of land for incinerating plants, either in the direct purchase 
thereof or in pursuance of condemnation proceedings in the manner provided by the 
statutes of the State of Oregon for the appropriation of land for corporate purposes; 
and by the Board of Health* in pursuance of appropriations therefor in the purchase, 
construction, installation, improvement and repair of an incinerating plant and its 
necessary accessories. Said incinerating plant shall be under the management, con- 
trol and supervision of the Board of Health. The Council is hereby authorized to 


provide a rate to be charged for the collection and removal of garbage. 


[Am. June 2, 1913, §4251%4A.] 
*See §§16-17. 


ARTICLE 4 
Franchises. 


§ 166. FRANCHISE IS PROPERTY. 

§ 167. COUNCIL MAY AUTHORIZE INDUSTRIAL TRACKS. 

§ 168. AUTHORIZING AGREEMENT WITH COMMERCIAL RAILROADS. 

§ 169. COMMON USER REQUIRED. 

§ 170. LIMITED TIME FRANCHISES. 

§ 171. NO FRANCHISE EXCLUSIVE. 

§ 172. METHOD OF GRANTING FRANCHISES. 

§ 173. WHEN FRANCHISE TAKES EFFECT. 

§ 174. FRANCHISE CONDITIONS MUST BE EXPLICIT—SPECIFIC CON- 
DITIONS. 

§ 175. WRITTEN ACCEPTANCE MUST BE FILED. 

§ 176. COUNCIL MAY IMPOSE FURTHER CONDITIONS. 

§ 177. CONDITIONS AND RESTRICTIONS ON FRANCHISES. 

§ 178. CONSENT OF COUNCIL NECESSARY TO TRANSFER OF FRAN- 
CHISE. 

§ 179. STATEMENT REQUIRED WITHIN NINETY DAYS. 

§ 180. AUDITOR TO KEEP RECORD OF FRANCHISES. 

§ 181. FORFEITED FRANCHISES. 

§ 182. ABANDONMENT RESTRICTED. 

§ 1838. COMMON TRANSPORTATION TERMINAL. 

§ 184. MULTNOMAH COUNTY TO OPERATE BRIDGES AND FERRIES. 


§ 166. FRANCHISE IS PROPERTY: 


Every franchise granted under this Charter shall be taken and deemed ag 


property and shall be subject to taxation as property. 
[Ch. 1903, §100; Am. May 8, 1913, §67.] 


§ 167. COUNCIL MAY AUTHORIZE INDUSTRIAL TRACKS: 


The Council shall have power on application or assent in writing of the owners 
of a majority part in extent of the lots or tracts of land fronting on each side of 
that portion of any street or part of a street on which it is desired to construct rail- 
road tracks for spurs, sidings or switches, other than those for street railways, to 
grant revocable permits for the use of streets for that purpose, subject to sections 
158 and 171 of this Charter. 


[Ch. 1903, §102 ; Am. May 8, 1913, §68.] 


§ 168. AUTHORIZING AGREEMENT WITH COMMERCIAL RAILROADS: 


The Council shall have power and authority by ordinance duly passed to agree 
with any corporation, firm or person constructing a commercial railroad and desiring 
to enter the City, upon the extent, terms and conditions upon which the streets, alleys 


[ 69 ] 


or public grounds of the city may be appropriated, used or occupied by such rail-  — 


road and upon the manner, terms and conditions under which the cars and locomotives’ 
of such railroad may be run over and upon such streets, alleys and public grounds; 
such agreements shall be subject to the provisions and requirements of sections 151 to 
159, 166 to 175, and E and F of section 177 of this Charter. 5 

No exclusive right for the aforesaid purposes shall be granted to any corporation, 
firm or person and the use of all such rights shall at all times be subject to regula- 


tion by the Council. 
[Ch. 1903, §103; Am. May 38, 1913, §69-] 


§ 169. COMMON USER REQUIRED: 


In addition to the other requirements of this Charter every ordinance granting 
such right shall be upon the condition that such grantee shall allow any other rail- 
road company to use in common with it the same track or tracks throughout their 
entire length between the extreme limits for which the franchise is granted including 
any private rights of way which may intervene upon obtaining the consent of the 
Council expressed by ordinance prescribing the regulations for. such use, and the 
compensation therefor, each paying an equitable and proper proportion of the con- 
struction, maintenance and repair of the tracks and appurtenances and any private 
right of way used by such railroad companies jointly, such proportion to be fixed 


by the Council. 
[Am. May 3, 1918, §70.] 


§ 170. LIMITED TIME FRANCHISES: 


Franchises may be granted for a limited time in and upon the streets, highways 
and public places and property of the City of Portland, in the manner and subject to 


the conditions hereinafter contained. 
[Am. May 8, 19138, §71.] 


§ 171. NO FRANCHISE EXCLUSIVE: 


No exclusive franchise shall be granted nor shall any franchise, lease or right 


be granted for a longer period than twenty-five years. 
[Am. May 8, 1913, §72.] 


8.172. METHOD OF GRANTING FRANCHISES: 


Every franchise shall be embodied in an ordinance, which shall contain all the 
terms and conditions of the proposed grant, and shall be filed with the Auditor. 
Thereupon such proposed ordinance shall be published in full, once in the City Official 
Newspaper. There shall also be published, in a conspicuous place in such daily 
newspaper of the City, having a circulation in excess of 15,000, as the Council may 
direct, a notice prepared by the Auditor, that an application has been made for a 
franchise, giving the name of the applicant, the character and location of the pro- 
posed grant, and requesting any person having any objections to such proposed fran- 
chise or any provisions thereof to file the same in writing with the Auditor within 
twenty days from the first publication of such notice. If the request is made 
therefor, the Council shall fix a time for a hearing upon such objections and give 
reasonable notice of the time thereof and not less than five days. All of such publi- 
cations and notices shall be at the expense of the applicants for such franchises. 

Such ordinances shall not come up for first reading until after the expiration 
of the said twenty days. 

If such ordinance shall be amended, it shall be republished in the City Official 
Newspaper in full as amended. | 

No such ordinance granting a franchise shall be put on final passage within thirty 
days after the first reading nor within twenty days after any amendment thereto, 


and the affirmative vote of four Commissioners shall be required to pass the same,.__ 
[Am. May 3, 1918, §73.] aia 


[ 70 ] 


§ 173. WHEN FRANCHISE TAKES EFFECT: 


No franchise shall take effect until sixty days after its passage unless it shall 
receive a majority of the votes cast thereon at a referendum election held for that 
purpose within a less time. The filing of a petition for referendum shall defer the 
taking effect of a franchise until after the election. A petition signed by 2000 
registered voters shall be sufficient to call a referendum upon any franchise ordi- 


nance, 
[Am. May 38, 19138, §74.] 


§ 174. FRANCHISE CONDITIONS MUST BE EXPLICIT — SPECIFIC CON- 
DITIONS: 


Every franchise granted by the City of Portland shall contain full and explicit 
statements of its conditions in the following particulars: 

(a) In case of railroads and street railways it shall specify plainly the streets 
or other public places or parts thereof to which they apply. Any other franchises 
shall state the boundary of the district or districts within which they shall be exercised. 

(b) The amount and manner of payment of the compensation to be paid by the 
grantee for the right. : 

The Council shall make an estimate of the cash value of any franchise upon the 
filing of the application, or an estimate of what it may consider fair compensation 
to the City for such franchise, and the same shall be entered upon the minutes of 
the proceedings of the Council and published with the published copy of the franchise. 

In lieu of a money valuation the Council may at its option declare what will be 
a reasonable reduction of fares, rates or charges, either at the beginning or progres- 
sively from time to time, to be made by the grantee in compensation for the grant. 

(c) The time of beginning the construction or other work thereunder, the esti- 
mated total cost of such work, the monthly or yearly sums of money to be expended 
thereon, and in case of franchises to transportation companies or other franchises 
covering certain streets or portions of streets, the time within which the work under 
such franchise shall be completed upon such streets or portions of streets, respectively. 

(d) .Every grant of a franchise which provides for or permits the changing of 
rates, fares or charges shall contain a provision fixing the maximum that the holder 
can collect for services rendered by virtue of said franchise and the operation of the 
plant or property thereunder; subject, however, to the power of regulation prescribed 
in Section 158 of this Charter. set 

Rates, however, shall always be uniform to all persons of like classes, under similar 


circumstances and conditions. 
[Am. May 8, 1913, §75.] 


§ 175. WRITTEN ACCEPTANCE MUST BE FILED: 


Every grantee of any franchise, right or privilege shall within thirty days after 
the ordinance granting the same shall be enforced, file in the office of the Auditor 
a written acceptance of the same, and a failure on the part of the grantee to file such 
written acceptance within the time specified shall be deemed an abandonment and 
rejection of the rights and privileges conferred, and the ordinance granting the same 
shall thereupon be null and void; such acceptance shall be unqualified and shall be 
construed to be an acceptance of all the terms, conditions and restrictions contained 


in the ordinance granting. the same. 
[Am. May 8, 1918, §76.] 


§ 176. COUNCIL MAY IMPOSE FURTHER CONDITIONS: 


The numeration and specification of particular matters whicr must be included 
in every franchise granted shall not be construed to impair the right of the City 
to insert in such franchise such other and further conditions and restrictions as the 


- Council may deem proper for the public welfare. 
[Am. May 8, 1918, §77.] 


[71] 


§ 177. CONDITIONS AND RESTRICTIONS ON FRANCHISES: 


Every franchise granted by the City shall be subject to the conditions and restric- 
tions hereinafter provided, to-wit: 

(a) That the City may in any lawful manner and upon the payment of a fair 
valuation lawfully ascertained, purchase, condemn, acquire, take over and hold the 
property and plant of the grantee in whole or in part; if such purchase or taking 
over be at the expiration of the term of the franchise such valuation shall not in- 
clude any sum for the value of the franchise or grant under which such plant and 
property is being operated. 

(b) That upon payment by the City of Portland of a fair valuation, as above 
stated, the plant and property so acquired shall become the property of the City 
without formal execution of any instrument of conveyance, provided, however, the 
City may at its option compel the execution to it of an instrument of transfer and 
conveyance. 

(c) That upon the acquisition of any such plant or property the right of the 
holder of any such franchise pursuant to which such plant or property was operated 
shall cease and determine, and the acquisition by the City of any such property or 
plant shall operate to divest the holder of any such franchise of all right, title and 
interest therein. 

(d) No franchise shall be granted without fair compensation to the City there- 
for, either by way of direct payment or by reduction of rates, fares or charges, and 
in addition to the other forms of compensation to be therein provided, the grantee 
may be required to pay annually to the City such part of its gross receipts as may 
be fixed in the grant of said franchise. This provision shall not exempt the holcer 
of the franchise from any lawful taxation upon its property nor from any license, 
charge or imposition not levied on account of such use. 

(ec) Every franchise and all things constructed thereunder or used in connec- 
tion therewith, other than rolling stock and power, shall be subject to common use by 
any person or corporation, including the City, operating a similar public utility when- 
ever it shall be advantageous to the public upon payment or tender of fair compensa- 
tion for such use. The compensation for the franchise itself shall be payable only to 
the City and not to the holder of the original franchise. 

The Council shall have the power to determine what is a fair compensation and 
to regulate the manner of such use subject to judicial review, but no judicial pro- 
ceeding shall suspend or postpone such use if the person or corporation desiring such 
common use shall deposit in the court such sum as the court on a preliminary hearing 
may determine. 

Such compensation shall not include any remuneration for the franchise or rights 
conferred by the City, except that the new user may be required to pay a ratable part 
of any tax or public charge imposed upon the original grantee by reason of said 
franchise, in addition to such other payment to the City as the Council may deem 
equitable. 

(f) The holder for the time being of any franchise to construct or operate rail- 
ways in the streets or public places shall keep those portions of streets or other 
places occupied by such holder, in good order, as required by the Council, and shall 
pave, improve, or repair and maintain from time to time in the manner and within 
the time directed by the Council, that portion of the street occupied by them lying 
between the rails of any track and extending one foot outside of such rail and the 
portion of the streets lying between the tracks. 

In addition any franchise granted to any street or other railroad, for the opera- 
tion thereof, may provide that the holder thereof for the time being shall pave, re- 
pave and keep in repair at the time and in the manner required by the Council any 
street or part thereof used pursuant to such franchise for the whole or any part of 
the entire width of the street. 

Failure or neglect upon the part of any holder of a franchise to do the work 
in the manner and within the time required by the Council, shall constitute an offense 


[72] 


punishable by a fine of not less than Ten Dollars nor more than One Hundred Dollars 


for each and every day such refusal or neglect shall continue. 
[Am. May 3, 1913, §78.] 


§ 178. CONSENT OF COUNCIL NECESSARY TO TRANSFER OF FRANCHISE: 


No franchise shall be sublet or assigned, nor shall any of the rights or privileges 
thereby granted or authorized be leased, assigned, sold or transferred without the 
consent of the City expressed by ordinance which shall be subject as other ordinances 


to the referendum. 
[Am. May 3, 1913, §79.] 


§ 179. STATEMENT REQUIRED WITHIN NINETY DAYS: 


Within ninety days after this Charter shall take effect, the holder of any 
franchise shall file with the Auditor a full and correct statement of the franchise, 
rights and privileges owned or claimed to be owned by him or it, and shall designate 
the same by the numbers and titles of the ordinances by which such franchises were 
granted, and any holder of any franchise, on failure so to do, shall be guilty of an 
offense punishable by a fine of not less than Ten Dollars and not more than One 
Hundred Dollars per day while such refusal or neglect continue. The holder of every 
franchise, and the grantees of every franchise hereafter granted, on sale, transfer, 
mortgage or lease being made of such franchise, shall within sixty days thereafter 
file with the Auditor a copy of the deed, agreement, mortgage, lease, or other written 
instrument evidencing such sale, transfer or lease, certified and sworn to as correct 
by the grantee, in person, if an individual, or by the president or secretary or 
authorized agent, if a corporation. 

Every sale, transfer, mortgage or lease, of such franchise, whether voluntary or 
involuntary, shall be deemed void and of no effect unless the grantee shall, within 
60 days after the same shall have been made, file such certified copy as required 
by this section and consented to as provided in Section 178 of this Charter, also 
unless the Council agrees to such sale by an ordinance expressly passed for that pur- 
pose, as provided by Section 178. 

The Auditor shall file all such documents and shall make and keep an. index 
of the same in a book to be kept by him for that purpose, which book shall be a part 


of the public records of the City. 
{[Am. May 38, 1913, §80.] 


§ 180. AUDITOR TO KEEP RECORD OF FRANCHISES: 


The Auditor shall keep a separate record for each grantee of a franchise from 
the City rendering a service to be paid for wholly or in part by users of such service, 
which record shall show in the case of each such grantee: oe 

1. The’ true and entire cost of construction, of equipment, of maintenance and 
of the administration and operation thereof; the amount of stock issued, if any; the 
amount of cash paid in, the number and par value of shares, the amount and character 
of indebtedness, if any; the rate of taxes, the dividends declared; the character and 
amount of all fixed charges; the allowance, if any, for interest, for wear and tear or 
depreciation; all amounts and sources of income. 

2. The amount collected annually from the City treasury and the character and 
extent of the service rendered therefor to the City. 

3. The amount collected annually from other users of the service and the 
character and extent of the service rendered therefor to them. Such books of record 
shall be open to public examination at any time during the business hours of the 
Auditor’s office. Such information, in addition to any further data which may be 
required by the Auditor, under this Charter, shall be furnished by the grantees or 
holders of such franchises to the Auditor upon his request, and at such grantees’ own 
cost and expense. 

4. In case any grantee or holder of a franchise fails or refuses to furnish such 


[73 ] 


information when requested so to do on petition being presented on behalf of the 
City to the Municipal Court, such court shall have jurisdiction to compel such grantee 
or owner to furnish such information and tax the costs of such application against the 
defendant in such proceeding and in addition may impose a fine of not less than 
Twenty-five nor more than Five Hundred Dollars for every such offense. All fines 
collected under this Section shall be paid into the General Fund. The procedure 


on such application shall be as far as possible analogous to that on mandamus. 
[Am. May 8, 1918, §81.] 


§ 181. FORFEITED FRANCHISES: 


All franchises or privileges heretofore granted by the City which are not in 
actual use or enjoyment or which the grantee thereof has not in good faith com- 
menced to exercise within the time required by the terms thereof are hereby de- 
clared forfeited and of no validity. This Charter shall in no wise validate any con- 


tract, privilege or franchise not heretofore a legal and valid obligation of the City. 
[Am. May 8, 1918, §82.] 


§ 182. ABANDONMENT RESTRICTED: 


No abandonment, non-user or failure to comply with the terms of the franchise 
shall release the holder from any of the obligations thereof without the consent of 
the City expressed by ordinance which shall be subject to the referendum. Not- 
withstanding such abandonment the provisions of the franchise may be enforced, 
but upon abandonment, non-user, or failure to comply with any of the terms of the 
franchises, the City may be ordinance declare a forfeiture, whereupon all rights of 
the holders of the franchise shall immediately be divested without a further act upon 
the part of the City, and in case of a franchise for occupancy of streets, the holder 
shall be required notwithstanding such forfeiture, to remove its structures or prop- 
erty from the streets and restore the streets to such condition as the Council may 
require or as may be stipulated in the grant; and upon failure to do so the City may 
perform the work and collect the cost thereof from the holder of the franchise. . The 
cost thereof shall be a lien upon all the plant and property of the holder of the 
franchise, prior to any other lien except that of City assessments or general tax, 
and the City may collect the same as a City assessment or in any other lawful 


~ manner. 
[Am. May 38, 1913, §83.] 


§ 183. COMMON TRANSPORTATION TERRMINAL: 


It shall be the policy of the City of Portland to create a common transportation 
terminal, both land and water, embracing both sides of the harbor for its full extent 
in the city, which shall be subject to entry and use throughout its full extent by all 
common carriers on equal terms, as far as the property, rights and jurisdictions of the 
city may apply to secure same; and all such property, rights and jurisdictions of the 
city within one thousand (1,000) feet of meander line specified in Section 93 of the 
Charter of 1903 as amended shall be subject to use and demands for such common ter- 
minal purposes and needed connecting roadways, tracks and appurtenant facilities, 
provided that the public docks may be furnished with warehouses subject to lease. 

All proposed franchises, grants, privileges, and public improvements and other 
improvements as far as the jurisdiction of the city may extend, effecting such terri- 
tory must be considered in relation to said common terminal and adapted thereto in 
a systematic way, and shall to that end be submitted to the City Engineer and the 
official or officials in charge of the public docks for approval. Without the approval 
of these, it shall require a four-fifths vote of the Council to pass such measure. If 
the Council pass such measure without the approval aforesaid, the Mayor shall have 
the measure placed upon the ballot at the next ensuing regular election for approval 
or rejection by the people. 

No grant or franchise affecting this territory shall confer any superior right that 


[74 ] 


may operate to defeat the purpose of this act to protect the common access on equal 
terms in said territory and any provision in any grant or franchise contrary 
to said purpose shall be null and void. 

The purpose of this act being to provide connections for and means of interchange 
of traffic upon the lines or tracks of all common carriers, public or private, with the 
greatest facility and economy and the least obstruction, inconvenience and cost pos- 
sible. The City Engineer and the official or officials in charge of the public docks shall 
at once draw up such plan and elaborate and extend it from time to time to meet 
the purpose of this act as public needs develop. 

In pursuance of the policy established by this amendment, the Mayor shall cause 
to be made an inventory of all public properties and rights within the 1,000-foot limit 
defined herein, and to have said properties defined and recorded, especially between 
meander and harbor lines, and utilize the same to the fullest possible extent in the 
development of the terminal plan herein provided for. And wherein, in such devel- 
opment, the City may lack jurisdiction or control, the Mayor and Council are re- 
quired to use, under wise discretion, their best efforts to secure the jurisdiction and 
control necessary. 


All acts and parts of acts in conflict with this act are hereby repealed. 
Am. June 2, 19138, §93%.] 


§ 184. MULTNOMAH COUNTY TO OPERATE BRIDGES AND FERRIES: 


All ferries now or hereafter owned or leased, and all bridges together with 
approaches and terminals, heretofore erected or leased, or hereafter to be erected 
or leased, by the City of Portland across the Willamette River shall be operated by 
the County Court of Multnomah, as now provided by law, or as may hereafter be 
provided by law at the expense of said County of Multnomah. No exclusive franchise 
or privilege shall be granted to any person, firm or corporation, for the use of the 
whole or any part of such bridges, approaches or terminals. All privileges or fran- 
chises that may be granted by the City of Portland for the use of the whole or any 
part of such bridges, approaches or terminals shall be for a term not exceeding 
twenty-five years, and the compensation to be paid the City by any person, firm or 
corporation desiring to use such bridges for the operation of cars thereover, shall be 
not less than three cents per car for each and every car that crosses such bridges 
in each direction. Said rental shall be paid at the end of each calendar month to the 
City Treasurer. The Council shall specifically reserve in any franchise granted over 
any of said bridges the right to reasonably regulate the number and routing of cars 
across any such bridges. 

_All that part of sections 231 to 235 and section 286 of the Charter of the City 
of Portland, entitled, “An Act to Incorporate the City of Portland, Multnomah Coun- 
ty, State of Oregon, and to provide a Charter therefor, and to repeal all acts or parts 
of acts in conflict therewith,” filed in the office of the Secretary of State, January 
23, 1903, as amended, in so far as the same conflict with the provisions of this Section 


be and the same are hereby repealed. 
[Am. Nov. 2, 1912, §118%4.] 


4 CHAPTER 8 
Finance 


§ 185. PUBLIC MONEYS AND MUNICIPAL ACCOUNTING. 

§. 186. ESTIMATE FOR BUDGET. 

§ 187. ANNUAL BUDGET. 

§ 188. ANNUAL ESTIMATE FOR TAXATION PURPOSES. 

§ 189. FISCAL YEAR. 

§ 1909. ANNUAL TAX LEVY. 

§ 190—1-b. TAX LEVY FOR SALARIES OF BUREAU FIRE AND POLICE, 
§ 191. TRANSFER OF MONEY FROM ONE FUND TO ANOTHER. 


[75 ] 


§ 192. REVERSION OF BALANCE TO GENERAL FUND-INVESTMENT IN 
IMPROVEMENT BONDS. 

§ 198. EXPENDITURES OF MONEY. 

§ 194. ANNULMENT OF BACK TAXES. 

§ 195. ANNUAL AND OCCASIONAL INDEPENDENT AUDITS. 


§ 185. PUBLIC MONEYS AND MUNICIPAL ACCOUNTING: 


The Commissioner of Finance shall have direct control of the revenues of the 
City except as otherwise provided by ordinance. The Council shall be ordinance 
provide a system. for the collection, custody and disbursements of all public moneys, 
not inconsistent with the provisions of this Charter, and shall by ordinance provide 
a system of accounting for the city, which shall be so planned as to enable a clear 
and intelligent statement to be made of the financial affairs of the City from time 
to time as provided by this Charter. Such system shall be assimilated, as nearly as 


may be, to what is known as the uniform system of municipal accounting. 
[Am. May 3, 19138, §84.] 


§ 186.—ESTIMATE FOR BUDGET: 


The Commissioner of Finance shall, on or before the first Monday in October 
of each year certify to the Council the amount of money necessary to be raised by 
taxation during the ensuing fiscal year to meet payments of interest, sinking fund and 
principal of bonded indebtedness, and also the estimated amount of revenue from all 
sources other than tax levy. 

On or before the first Monday in October of each year the Commissioner in charge 
of each department of the City shall cause to be prepared and furnished to the 
Council, estimates in writing of the public expenses to be incurred in his department, 
and each branch thereof, for the ensuing fiscal year, specifying in detail such prob- 
able expenditures. Duplicates of this estimate shall be sent at the same time to 


the Commissioner of Finance. 


[Am. May 38, 1913, §85.] 
[Note: See General Laws of Oregon 1921, Chapter 208.] 


§ 187. ANNUAL BUDGET: 


On or before the third Monday in November in each year the Council shall 
make a complete budget of revenue and expenditure for the ensuing fiscal year, and 
when said budget is completed and approved, the same shall be filed with the Auditor 
and published in the City Official Newspaper with summaries and comparisons of 


the various departments for the current fiscal year. 


[Am. May 38, 1913, §86.] 
[Note: See General Laws of Oregon 1921, Chapter 208.] 


§ 188. ANNUAL ESTIMATE FOR TAXATION PURPOSES: 


On or before the first day of January in each year the several officers, com- 
missioners, boards and departments of the city, except as in this Charter otherwise 
provided, shall prepare and file with the Auditor an estimate of the expenses and 
disbursements for the ensuing year of their respective offices, commissions, boards 
and departments. From such estimates the Mayor shall prepare his annual budget 
for the current expenses of the ensuing year and present the same with his annual 
message to the Council. When said budget has been received, the Council, by or- 
dinance, shall estimate and declare the necessary amount of money to be raised by 
the general taxes and shall levy the necessary tax therefor which shall be certified 
by the Auditor to the County Clerk of Multnomah County, who shall extend the said 
tax in an appropriate column upon the county tax roll. The said tax shall be col- 
lected by the officer collecting the county tax and shall be turned over by him 
to the City Treasurer within ten days after he has collected the same, with a state- 
ment of the amount of money so collected and the year or years for which the amount 


[ 76 ] 


was collected. The tax levy as certified up to the County Clerk shall be in one sum 
and shall be entered in a column headed “City of Portland Tax.” Neither the Sheriff 
nor the Tax Collector of Multnomah County nor said county shall receive any fees or 


compensation for collecting such taxes. 
[Ch. 1903, §285.] 


§ 189. FISCAL YEAR: 


The fiscal year of the City shall commence on the first day of December and 


end on the last day of November of the succeeding year. 
[Ch. 1908, §113; Am. May 3, 1913, §87.] 


§ 190. ANNUAL TAX LEVY: 


The Council shall, on or before the twenty-eighth day of December in each year, 
or such other time as may be provided by law, levy upon all property not exempt 
from taxation, taxes to provide for the payment of the expenses of the City for the 
fiscal year ending the thirtieth day of November of the following calendar year, as 
follows: 

Paragraph One. A tax not to exceed the amount levied for the preceding year 
(aside from any special levy or levies herein or hereafter authorized for said year) 
to provide for the payment of the expenses of the city (aside from any levy for the 
payment of bonded indebtedness and interest thereon herein authorized), plus six per 
centum thereon on each dollar valuation not exempt from taxation, except as herein- 
after provided. The proceeds from the tax levy above authorized shall be credited 
to the general fund, and the Council shall direct that of said amount not to exceed 
one-tenth of one mill on each dollar valuation not exempt from taxation shall be 
credited to the Firemen’s Relief and Pension Fund; and of said amount not to exceed 
one-tenth of one mill on each dollar valuation not exempt from taxation shall be 
credited to the Policemen’s Relief and Pension Fund; and of said amount not to 
exceed one-half of one mill on each dollar valuation not exempt from taxation may 
be placed to the credit of a special bridge fund to provide for the payment of the 
construction of bridges elsewhere than across the Willamette River, the filling of 
streets across gulches and/or ravines, the estimated cost of bridges to be not less 
than ten thousand dollars and the fills ten thousand dollars; and/or the construction 
of overhead or underground crossings across railroad tracks, provided that this 
section shall not release any person, firm, or corporation having a franchise, or 
otherwise liable, from paying his or its full share of the cost of construction of 
bridges, fills, or crossings as provided by the terms of such franchise, or as other- 
wise provided by law; and of said amount not to exceed four-tenths of one mill on 
each dollar valuation not exempt from taxation may be credited to the fund for play- 
grounds and parks to provide for the purchase of land for and/or for the improve- 
ment and/or equipment of playgrounds and/or parks. 

Paragraph Two. The Council shall for the year 1927, the year 1928, the year 
1929, the year 1930, the year 1931, the year 1932, the year 19338, the year 1934, the 
year 1935, and the year 1936, at the same time that the taxes are levied for the 
payment of the expenses of the city, levy upon all property in the City of Port- 
land not exempt from taxation, a special tax in addition to the regular tax provided 
in paragraph one of this Section not exceeding three mills for the year 1927; two 
and nine-tenths mills for the year 1928; two and seven-tenths mills for the year 
1929; two and five-tenths mills for the year 1930; two and three-tenths mills for the 
year 1931; one and eight-tenths mills for the year 1932; one and four-tenths mills 
for the year 1933; one mill for the year 1934; six-tenths of one mill for the year 
1935, and two-tenths of one mill for the year 1936 on each dollar of assessed valua- 
tion to provide for the payment of the general expenses of the City of Portland dur- 
ing the said years in addition to the taxes above authorized for the same purpose in 
paragraph one of this section, the proceeds from which tax levies shall be credited 
to the general fund. 

The special tax herein provided for is hereby specifically authorized for each 


Lead} 


of said years, and shall not be computed as a part of the revenue raised each year 
by general taxation which is subject to the tax limitation of Section 11, Article XI 
of the Constitution of the State of Oregon, and said special tax herein provided for 
shall be in addition to all other general or special taxes which may be levied accord- 
ing to law. The Council of the City of Portland is hereby authorized to borrow 
from time to time sufficient funds to meet the current expenses of the City of Port- 
land during each fiscal year pending the collection of the annual tax levy for such 
fiscal year. 

Paragraph Three. Also a tax sufficient to meet the interest on the bonded indebt- 
edness of the city, to be credited to the bonded indebtedness interest fund. 

Paragraph Four. Also a tax of not less than four-tenths of one mill on each dol- 
lar valuation to provide for the purchase of securities as an investment and/or pay- 
ment or redemption of the bonded indebtedness of the City, to be credited to the 
sinking fund. : 

Paragraph Five. The authority herein contained shall be in addition to the pro- 
visions contained in Section 190-1b of the Charter adopted May 21, 1926, authorizing 
additional special levies for the purpose of providing a special fund for the pay- 
ment of additional salaries to members of the Bureau of Police and Bureau of Fire, 
and the taxes herein provided shall always be in addition to all other levies now or 
hereafter authorized. 

Paragraph Six. Nothing herein contained authorizing general or special tax 
levies shall affect the right or power of The Commission of Public: Docks to levy a 
tax as provided elsewhere in this charter. 

Paragraph Seven. Nothing herein contained shall affect the right or power of 
the Council to levy the tax provided for in Section 190-1b of the charter adopted May 


21, 1926. Sections 202, 291 and 301 of the Charter are hereby repealed. 
[Amendment of July 1, 1926.] 


§ 190-Ib. TAX LEVY FOR SALARIES OF BUREAUS OF FIRE AND POLICE: 


The Council shall during the year 1927, the year 1928, the year 1929, the year 
1930, the year 1931, the year 1932, the year 1933, the year 1934, the year 1935, the 
year 1936, the year 1937, the year 1988, the year 1939, the year 1940, the year 1941, 
the year 1942, the year 1943, the year 1944, the year 1945, and the year 1946, at the 
same time taxes are levied for the payment of the expenses of the City, levy upon all 
property in the City of Portland not exempt from taxation a special tax in addition 
to the regular and other taxes provided by the charter of the City of Portland, not 
exceeding 1144 mills for each of the years above set forth on each $1.00 of assessed 
valuation, to provide a fund for the payment of increases of salaries above the salaries 
now provided for the Bureau of Fire and the Bureau of Police, said tax to be di- 
vided as follows: % of a mill for the Bureau of Fire and % of a mill for the Bureau 
of Police. 

The special tax herein provided is hereby specifically authorized for each of 
said years, and shall not be computed as a part of the revenue raised each year by 
general taxation, which is subject to the tax limitation of Section 11, Article XI, of 
the Constitution of the State of Oregon, and said special tax herein provided for 
each of said years shall be in addition to all other general taxes which may be 
levied according to law. 

In case the charter of the City of Portland mentioned in Section 1 hereof is 
amended or repealed at the same election at which this Act is adopted by vote of 
the people of the City of Portland, then this Act shall be added to and shall become 
a part of any substitute or amended charter of the City of Portland that may be 


adopted at the same election. 
[Amendment of May 21, 1926.] 


§ 191. TRANSFER OF MONEY FROM ONE FUND TO ANOTHER: 


It shall be lawful to transfer money from the General Fund to any other fund 
.of the City and from the Bonded Indebtedness Interest Fund to the Improvement 


[78] 


Bond Interest Fund, and the Council may provide that money transferred must be 
returned to the fund from which it was transferred. No other transfers shall 


be made. 
[Ch. 1903, §115; Am. May 3, 1913, §89.] 


§ 192. REVERSION OF BALANCE TO GENERAL FUND—INVESTMENT IN 
BONDS. 


When the necessity for maintaining any fund of the City has ceased to exist 
and a balance remains in such fund, the Council shall so declare by ordinance, and 
upon such declaration, such balance shall be forthwith transferred to the General 
Fund unless other provisions have been made in the original creation of the fund. 

Whenever bonds of the City of Portland are offered for sale, and there is a bal- 
ance to the credit of any sinking fund or special fund, not invested, said bonds may 
be awarded at par and accrued interest to the City Treasurer for the nearest prac- 
tical amount, to consume said balance, and shall be held by the City Treasurer as 
an investment for said fund. In cases where bonds of the City of Portland may not 
be offered for sale at a time or in sufficient amount to provide for the investing 
of any such balance, the Council may provide for investing the same in any bonds 
of the United States Government, State of Oregon, the City of Portland, Multnomah 
County, School District No. 1 of Multnomah County or. Port of Portland, and to that 
end the Council may authorize the Treasurer to submit a bid for any such bonds 
which are about to be issued for sale, or may authorize the Treasurer to advertise 
for proposals from persons holding any such bonds, the purchase of such bonds to 
be made by the Council of the lowest bidder, reserving the right to reject any and 
all bids. All interest received from any and all such investments shall be credited 
to the fund from which the investment was made, provided that two or more funds 
may be joined in one investment, a suitable provision being made for keeping an 
account of the amount invested from each fund and making an apportionment of the 
interest and principal when received. And the Council may sell any bond so pur- 
chased when the same may not be payable at or near the time when such funds may 
be needed for the purpose for which the same was created, provided that any and 
all such sales shall be made to the highest and best bidder after advertising for pro- 
posals in the City Official Newspaper by publication for at least five days. The 
Council may provide for loans to any such fund from the General Fund from time 
to time, which loans shall be without interest, and each such loan shall be repaid 
as soon as practicable by a transfer from such fund of the amount so loaned. 
Pending the investment as herein provided of any such funds, the same shall be 
deposited in a suitable bank offering to pay the highest rate of interest as may 


have been selected for the deposit of municipal funds. 
[Amendment of May 17, 1918.] 


§ 193. EXPENDITURES OF MONEY: 


No money shall be expended or payment made from any fund of the City, 
except assessment funds, until a specific appropriation shall be made therefor and 
an ordinance making an appropriation of money shall not contain a provision on 
any other subject. 

All demands for interest on the bonded indebtedness of the City and other 
fixed charges shall be paid as the same mature, or in accordance with the terms 
of contract. . 

Any liability or liabilities incurred by the Council to be paid in any fiscal 
year, which singly or in the aggregate shall be in excess of the revenues for such 
year shall be null and void. 

The Council may by ordinance limit the expenditures of every department of 
the City government, except interest charges and other charges fixed by contract 
or by this Charter during each fiscal year, or during any month thereof, and any 
contracts made, debts created or liability incurred in excess of the amounts author- 
ized by the Council, where the Council may so limit the expenditures of moneys, 


[79 ] 


shall be null and void, and the Council shall not authorize any expenditures during 
any fiscal year, nor shall any lability or liabilities be incurred by or on account 
of the City of Portland, to be paid in any particular fiscal year( for the payment of 
which approval of the Council shall be necessary) which singly or in the aggregate 
shall be in excess of the revenues received during such year, applicable, or made 
applicable by transfer to the payment of such liability or liabilities. Nothing con- 
tained in this Charter shall authorize the enforcement against or collection from 
said City, on account of any debt, contract or Pay of any sum in excess of the 
limitations prescribed in this Section. 


The City shall issue no warrants or other evidences of indebtedness, except 
upon special assessment funds, and the payment of judgments against the City, 
unless there is money in the treasury duly appropriated and applicable to the pay- 
ment of the same on presentation, and all evidences of indebtedness issued con- 
trary to this provision shall be null and void. Any member of the Council voting 
to incur any lability or to create any debt in excess of the amount limited and author- 
ized by law, shall be deemed guilty of malfeasance in office, and for such malfeasance 


such member may be removed from office. 
[Ch. 1908, §117; Am. May 8, 1913, §91.] 


§ 194. ANNULMENT OF BACK TAXES: 


All taxes except special assessments for local improvements levied by the 
City of Portland or by the former cities of East Portland, Albina or Sellwood for 
any year prior to 1895, which shall not be collected before July ist, 1904, shall 


become void and no steps shall thereafter be taken for their collection. 
[Ch. 1903, §119.] 


§ 195. ANNUAL AND OCCASIONAL INDEPENDENT AUDITS: 


At the close of each fiscal year the books and accounts and the financial affairs 
and transactions of the City shall be audited by some competent accountant to be 
appointed for such work by the Council from a list to be provided as follows: 

At least sixty days before the time for such annual audit the Council shall 
make request upon the Portland Clearing House Association to furnish to it a 
list of the names of three or more competent accountants from which to make such ap- 
pointment. If said association shall fail or refuse to so furnish such list within 
twenty days after being so requested application shall then be made by the Council to 
the grand jury then or next thereafter sitting in Multnomah County, Oregon, to 
furnish it such list, and if said grand jury shall fail to so furnish such list within 
twenty days after having been so requested, the Council shall then request the Civil 
Service Board of the City of Portland to furnish to it such list and it shall be the 
duty of the Civil Service Board to furnish such list. From a list furnished as above 
provided such appointment shall be made. 

The Council may from time to time and as often as it shall deem necessary, 
have like audit made, paying the expenses thereof in like manner. The audit made 
at the close of the fiscal year and in the discretion of the Council any audit made 


by an accountant employed by it shall be published in the City Official Newspaper. 
[Am. May 3, 19138, §34.] 


CHAPTER 9 
Firemen’s Relief and Pension Fund. 


196. CREATION OF FUND. 

197. SOURCE OF FUND. 

198. CONTROLLED BY. BOARD OF TRUSTEES. 

199. POWERS OF BOARD. 

200. APPEALS. 

201. CITY TREASURER CUSTODIAN AND DISBURSING OFFICER. 


(80 | 


C7 LR Uf UR LA 


208. RESTRICTIONS ON AMOUNT OF LEVY. 

204. PERCENTAGE OF SALARY DEDUCTED FOR PURPOSE OF FUND. 

205. PENSIONS PAYABLE MONTHLY. 

206. BENEFITS ON RETIREMENT. 

207. BENEFITS ON PERMANENT DISABILITY. 

208. BENEFITS ON TEMPORARY DISABILITY. 

209. BENEFITS DURING SICKNESS. 

210. BENEFITS TO WIDOWS AND CHILDREN OF DECEASED FIRE- 
MEN. 

211. PENSIONS TO TEMPORARY FIREMEN. 

212. FUNERAL EXPENSES. 

213. APPLICATIONS FOR PENSIONS. 

214. EMERGENCY DUTIES BY RETIRED FIREMEN. 

215. APPLICATION OF PROVISIONS OF ACT. 

216. PENSION CERTIFICATES. 

217. FORFEITURE OF PENSIONS. 

218. PENSIONS PRORATED WHEN FUND INSUFFICIENT. 

219. BOOKS AND ACCOUNTS OPEN FOR INSPECTION. 

220. DIVISION OF POLICE AND FIRE DEPARTMENT RELIEF FUND. 

221. PENSIONS EXEMPT FROM EXECUTION. 

222. DISCHARGE OF FIREMEN. 

223. CITY ATTORNEY TO ADVISE BOARD. 

224. REPEAL OF SECTIONS OF 1903 CHARTER. 

225. POWERS VESTED IN COUNCIL. 

226. §8§196 to 226 INCLUSIVE, RETAINED IN CHARTER AS AMENDED. 
($176, 19098 CHARTER AS AMENDED). 


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§.196. CREATION OF FUND: 


There is hereby created and established a Firemen’s Relief and Pension Fund 
for the benefit of the regular members of the Fire Department of the City of Port- 
land who have served twenty or more years; for the benefit of the widows and chil- 
dren under the age of sixteen years of any deceased fireman, and for the benefit 


of disabled members of said Fire Department. 
[Am. June 2, 1918, Subdiv. (1), §176.] 


§ 197. SOURCE OF FUND: 


Said fund shall consist of all moneys withheld from the salary of any member 
of the Fire Department as fines for any breach of discipline and for violation of the 
rules and regulations of the Fire Department; .all bequests, fees, gifts or emoluments 
paid or given on account of any extraordinary service of any member of said Fire 
Department (except when specifically allowed to be retained by such member by 
the Executive Board),* and a monthly fee which shall be paid into said fund by 
each member of said Fire Department of one per cent of his regular monthly salary 
as hereinafter provided, and the proceeds of a tax levy as hereinafter provided, and 


the interest on the investment of any portion of said fund. 


[Am. June 2, 1913, Subdiv 2, §176.] 
*See §§16-17. 


§ 198. CONTROLLED BY BOARD OF TRUSTEES: 


The Firemen’s Relief and Pension Fund shall be under the supervision and con- 
trol of the Board of Trustees of the Firemen’s Relief and Pension Fund, which Board 
shall be composed of the Mayor, the City Treasurer (who shall act as the Treasurer 
thereof without compensation); the Chief Engineer of the Fire Department; the City 
Auditor (who shall act as the Secretary of said Board without compensation); and 
a member of said Fire Department who shall be elected to membership on said Board 
by the regular members of the Fire Department every two years. The first election 
under this Act shall be held on the second Monday in July, 1918, and biennially 


[ 81 ] 


thereafter. Said Board shall elect from its number a chairman and shall keep a 
record of all its proceedings, and hold regular meetings on the first Monday in each 
month. It shall annually make to the Council of the City of Portland a full report 
of its transactions for the current year, including an itemied account of its receipts 
and expenditures, and an estimate of its receipts and expenditures for the ensuing 
year, which such report shall be made on or before the 1st day of December of each 


year. 
[Am. June 2, 1913, Subdiv. 3, §176.] 


§ 199. POWERS OF BOARD: 


Said Board of Trustees shall have the power to prescribe its own rules and 
regulations and enforce the same. It shall hear and determine all applications for 
pensions or relief, as hereinafter provided for; provided, however, that an appeal 
may be taken from any decision of said Board to the Executive Board* of the City 
of Portland. Said Board of Trustees is hereby authorized and empowered to ad- 
minister oaths, subpoena and examine witnesses and require the production and 
examination of papers and documents. It is hereby authorized and empowered, in 
the name of the Board of Trustees of the Firemen’s Relief and Pension Fund, to 
invest any part of said fund in interest-bearing bonds of the United States, the 
State of Oregon, the City of Portland, or any city of the first class, preference, how- 
ever, to be given in all instances to interest-bearing bonds of the City of Portland. 


All such securities shall be deposited with the Treasurer of said Board. 
[Am. June 2, 1918, Subdiv. 4, §176.] 


*See §§16-17. 
*Council. 


§ 200. APPEALS: 


The Executive Board* of the City of Portland is hereby authorized and em- 
powered to review the action of the Board of Trustees on appeal, and to remand 
the cause appealed back to said Board with instructions as to the final determina- 


tion of such cause. 


[Am. June 2, 1918, Subdiv 5, §176.] 
*See §§16-17. 
*Council. 


§ 201. CITY TREASURER CUSTODIAN AND DISBURSING OFFICER: 


Said Firemen’s Relief and Pension Fund shall be in the care and custody of 
the City Treasurer, and shall be paid out by him on warrants signed by the Chair- 
man and countersigned by the Secretary of said Board, and not otherwise; provided, 
however, that no warrants shall be drawn upon said fund except by order of the 
Board, which order shall be duly entered upon the record of the proceedings of 


said Board. 
[Am. June 2, 1913, Subdiv. 6, §176.] 


[Note: See Section 190 for Tax Levy.] 


§ 203. RESTRICTIONS ON AMOUNT OF LEVY: 


If on December 1st of any year said fund shall be credited with Three Hundred 
Thousand ($300,000.00) Dollars or more, said Board of Trustees shall recommend 
to the Council that said tax be not levied for the ensuing year, but if, on December 
1st of any year said fund shall have to its credit less than said sum of Three Hun- 
dred Thousand ($300,000.00) Dollars, then the Council shall make such tax levy. for 


the ensuing year. 
[Am. June 2, 1918, Subdiv. 8, §176.] 


§ 204. PERCENTAGE OF SALARY DEDUCTED FOR PURPOSE OF FUND: 


After the taking effect of this Act it shall be the duty of the Auditor, in making 
out warrants for the monthly salaries, to deduct and withhold monthly from the 
salary of each regular member of the Fire Department, one per cent of such monthly 


[ 82 ] 


salary during all the time such member may be in the employ of the Fire Depart- 
ment unless permanently disabled; and from the amount earned by each temporary 
member of the Fire Department one per cent thereof. And it shall be the duty of 
the Auditor to draw a warrant for the full amount so withheld, payable to the Fire- 


men’s Relief and Pension Fund. 
[Amendment of June 7, 1915] 


§ 205. PENSIONS PAYABLE MONTHLY: 


All pensions and relief claims hereinafter provided for and allowed by said Board 
of Trustees shall be paid monthly out of the Firemen’s Relief and Pension Fund 


by warrants as herein provided. 
[Am. June 2, 1913, Subdiv. 10, §176.] 


§ 206. BENEFITS ON RETIREMENT: 


The Board of Trustes shall, upon the written application duly verified, of any 
member of the Fire Department who has served as an active member thereof for 
twenty-five years, retire and relieve said member from service, and said member 
shall receive a monthly pension equal to one-half of the amount of the salary at- 
tached to the rank held by him for one year prior to the date of his retirement, 
and said pension shall cease at his death. The Board of Trustees shall, upon the 
written application duly verified of any member of the Fire Department who has 
reached the age of fifty years and has served as an active member thereof for twenty 
years continously next preceding said date of application, retire and relieve said 
member from service, and said member shall receive a monthly pension equal to 
one-half of the monthly salary attached to the rank held by him for one year prior 
to the date of his retirement, and said pension shall cease at his death. The Board 
of Trustees may, by a unanimous vote, retire and relieve from service any aged, dis- 
abled or infirm member of the Fire Department who has reached the age of fifty- 
five years and has served as an active member of the Department for twenty years 
next preceding such age, and who, upon examination by two regularly licensed physi- 
cians appointed by the Board of Trustees for that purpose, may be ascertained to be 
by reason of such age, infirmity or other disability unfit for the performance of his 
duty, and such member shall receive a monthly pension equal to one-half the amount 
of the salary attached to the rank held by him for one year prior to the date of his 
retirement, and the said pension shall cease at his death. 

[Am. June 2, 1918, Subdiv. 11, §176.] 


§ 207. BENEFITS ON PERMANENT DISABILITY: 


The Board of Trustees shall upon application, retire from active service any 
member of the Fire Department who becomes permanently disabled by reason of 
service in said Department, and such member shall receive a pension equal to one- 
half the monthly salary he received at the time of his retirement. Said Board shall, 
upon the recovery of such member from his disability, restore such member to service 
in the rank he occupied at the time of retirement, and his pension shall cease upon 


restoration to service. 
[Am. June 2, 19138, Subdiv. 12, §176.] 


§ 208. BENEFITS ON TEMPORARY DISABILITY: 


Any member of the Fire Department who, by reason of his services in said 
Fire Department, becomes disabled and wholly incapacitated from performing his 
duties, may be retired by the Board of Trustees, and in case of such retirement, such 
member shall be entitled to receive a pension equal to one-half the monthly salary 
received by such member at the time of his disability, such persion to continue oe) 
during such disability. 

Any member of the Fire Department who becomes temporarily disabled ‘ie rea- 
son of any injury received while in the performance of his duty shall be entitled to 


[ 83 ] 


receive a sum equal to the monthly salary he receives at the time of his injury, which 
shall continue during such disability (not to exceed one year); provided, that such 


member is paid no salary during said period. 
[Am, June 2 ,1913, Subdivs. 18, 14, §176] 


§ 209. BENEFITS DURING SICKNESS: 


Any member of the Fire Department who becomes incapacitated from perform- 
ing his duties on account of sickness shall be entitled to receive during his sickness 
(not to exceed three months in any twelve consecutive months), a sum equal to one- 
half the monthly salary he received at the time he contracted such sickness; pro- 
vided, however, that no member shall be entitled to receive such relief unless he 
shall have been incapacitated for a full period of fourteen days, in which event said 
member shall be so paid from the time he became so incapacitated. 

[Am. June 2, 1918, Subdiv. 15. §176.] 


§ 210. BENEFITS TO WIDOWS AND CHILDREN OF DECEASED FIREMEN: 


If any member of the Fire Department shall die from any cause whatever while 
in the service of said Department and shall leave a widow, said widow shall be en- 
titled to receive a pension while remaining unmarried and a resident of the State 
of Oregon, equal in amount to one-half the monthly salary received by such de- 
ceased member at the time of his death, or at the time of contracting his last illness. 
In case said deceased member shall leave no widow, but shall leave a child or chil- 
dren under the age of sixteen years, such child shall receive, until it reaches the age 
of sixteen years, a pension equal in amount to one-half the monthly salary received 
by such deceased member. In case such member leaves more than one child, then 
said pension shall be collectively paid to the children under the age of sixteen years. 
In case such deceased member leaves no widow or children, but leaves a parent or 
parents wholly dependent ‘upon him for support, such dependent parent or parents shall 
receive a pension equal in amount to one-half of the monthly salary received by 
such member at the time of his death, or at the time of contracting his last illness, 
and such pension shall continue during such time as may be unanimously determined 


by said Board of Trustees. 
[Am. June 2, 1918, Subdiv. 16. §176.] 


§ 211. PENSIONS TO TEMPORARY FIREMEN: 


Any temporary member of the Fire Department who is injured while in the per- 
formance of his duty may, in the discretion of the Board of Trustees, be allowed such 
compensation as may be determined upon by said Board, and in case any temporay 
member comes to his death by reason of the performance of his duty as such mem- 
ber, said Board may, in its discretion, grant a pension to his widow or dependent 
children under the age of sixteen years, for such time as may be determined by 
said Board. A temporary member is defined to be a person employed to serve 


temporarily in said Fire Department. 
[Am. June 2, 19138, Subdiv. 17, §176.] 


§ 212. FUNERAL EXPENSES: 


Upon the death of any active or retired member of the Fire Department, said 
Board shall pay to the widow or family of said deceased member the sum of One 


Hundred ($100.00) Dollars to be used for funeral expenses. 
[Am. June 2, 1918, Subdiv. 18, §176.] 


§ 213. APPLICATIONS FOR PENSIONS: 


All applications for relief shall be made within such time as may be fixed by 
the rules and regulations of the Board of Trustees. 
[Am. June 2, 1913, Subdiv. 19. §176.] 


[ 84 ] 


§ 214. EMERGENCY DUTIES BY RETIRED FIREMEN: 


Said Board of Trustees, upon the recommendation of the Chief of the Fire De- 
partment, shall have the power to assign members retired or drawing pensions 
under this Act, to perform light duties in the Fire Department in case of extra- 
ordinary emergency. In case of any retired member of the Fire Department being 
assigned to duty in an emergency, such member shall receive from the Fire Fund 
a sum which with his pension shall equal the salary he was receiving at the time 


of his retirement. 
[Am. June 2, 1918, Subdiv. 20, §176.] 


§ 215. APPLICATION OF PROVISIONS OF ACT: 


The provisions of this Act shall apply to all persons who are now or shall here- 
after become members of the Fire Department of the City of Portland, and all such 


persons shall be eligible to the benefits secured by this Act. 
[Am. June 2, 1918, Subdiv. 21, §176.] 


§ 216. PENSION CERTIFICATES: 


The Board of Trustees shall issue to each fireman pensioned under the provi- 
sions of this Act an engraved certificate showing the amount of pension allowed and 


the cause for which the same is issued. 
[Am. June 2, 1918, Subdiv. 22, §176.] 


§ 217. FORFEITURE OF PENSIONS: 


Any person receiving a pension from the Firemen’s Relief and Pension Fund 
who shall be convicted of a felony or who becomes dissipated or an habitual drunkard, 
or who shall become a non-resident of the State of Oregon (provided that this 
provision of non-residents shall not apply to members retired in accordance with 


Subdivision 11), shall forfeit all right to such pension. 
[Am. June 2, 1913, Subdiv. 23, §176.] 


§ 218. PENSIONS PRO-RATED WHEN FUND INSUFFICIENT: 


If at any time said Firemen’s Relief and Pension Fund is insufficient to pay 
in full the pensions and disability claims allowed by the Board of Trustees, then 
said Board shall pay said pensions and claims pro-rata until such time as said fund 
shall be sufficient to pay the same in full; provided, however, that when said fund 


shall warrant, the Board of Trustees shall pay in full all back pensions and claims. 
[Am. June 2, 1918, Subdiv. 24, §176.] 


§ 219. BOOKS AND ACCOUNTS OPEN FOR INSPECTION: 


The books and accounts of said Board of Trustees shall, at all times, be subject 
to the inspection of any person interested, and shall, upon the expiration of the term 
of office of the Treasurer, be surrendered and delivered to his successor, together 
with all records and documents, securities, moneys and property which may have 


come into the possession of said Treasurer. 
[Am. June 2, 19138, Subdiv. 25, §176.] 


§ 220. DIVISION OF POLICE AND FIRE DEPARTMENT RELIEF FUND: 


The Police and Fire Department Relief Fund heretofore established and under 
the control of the Executive Board* shall be divided and one-half thereof credited 
to the Firemen’s Relief and Pension Fund, and the other half to the Police Relief 


Fund. 


[Am. June 2, 1913, Subdiv. 26, §176.] 
*See §§16-17. 
*Council 


[ 85 ] 


§ 221. PENSIONS EXEMPT FROM EXECUTION: 


All Pensions and disability claims hereby authorized and allowed by said Board 
of Trustees of the Firemen’s Relief and Pension Fund shall be exempt from attach- 
ment, execution, garnishment or other process issued out of any court for the pay- 
ment or satisfaction, in whole or in part, of any debt, damage, claim, demand or 


judgment against the beneficiary thereof. 
[Am. June 2, 1913, Subdiv. 27, §176.] 


*§ 222. DISCHARGE OF FIREMEN: 


No member of the Fire Department who has served faithfully and efficiently 
for six years continuously shall be removed or discharged without first having a trial 
or hearing, and not then except for cause upon written charges (of which one copy 
shall be served upon him and a duplicate filed with the Civil Service Commission 
(Board). Any fireman so removed may, within ten days from his removal, file 
with the Civil Service Commission (Board) a written demand for investigation. The 
charges shall forthwith be investigated by or before the Commission (Board) or by 
or before some officer or Board appointed by the Commission (Board) to conduct 
such investigation. The findings of the Commission (Board), or such officer or 
Board, when approved by the Commission (Board), shall be certified to the ap- 


pointing officer and shall be forthwith enforced by such officer. 


[Am. June 2, 1913, Subdiv. 28, §176.] 
*See §108 et seq. 


§ 223. CITY ATTORNEY TO ADVISE BOARD: 


It shall be the duty of the City Attorney to give advice to the Board of Trustees 
of the Firemen’s Relief and Pension Fund in all matters pertaining to their duties 
and the management of said fund whenever required by said Board, and he shall 
represent and defend said Board as its Attorney in all suits or actions at law or in 
equity that may be brought against it, and institute all suits or actions in its behalf 


that may be required or determined upon by said Board. 
[Am. June 2, 1913, Subdiv. 29, §176.] 


§ 224. REPEAL OF SECTIONS OF 1903 CHARTER: 


Sections 196, 197 and 317 of the Charter of the City of Portland in so far as they 
conflict with this Act, and all other Acts or parts of Acts in conflict herewith are here- 


by repealed. 
[Am. June 2, 1913, Subdiv. 30, §176.] 


§ 225. POWERS VESTED IN COUNCIL: 


The powers conferred and duties devolving upon the Executive Board* under 
and by virtue of the provisions of this Act, in case said Board is abolished by, 
Charter amendment or otherwise, shall, from and after such abolition, be exercised 


and performed by the Council. 


[Am. June 2, 19138, Subdiv. 31, §176] 
*See §§16-17. 


§ 226. SECS. 196 TO 226 INCLUSIVE, RETAINED IN CHARTER AS AMENDED. 
(SECS. 176, 1903 CHARTER AS AMENDED). 


In case the Charter of the City of Portland is altered or amended to provide for 
what is commonly termed a Commission form of government, and this amendment 
is adopted by a vote of the electors of said City of Portland at the same election 
or any subsequent election, it shall be held to be a part of the Charter as altered or 
amended, and to repeal any and all provisions of the Charter as so altered or amended 


that may conflict herewith. 
[Am. June 2, 1913, Subdiv. 32, §176.] 


[ 86] 


CHAPTER 10 
Bond Issues. 


ARTICLE 1. GENERAL PROVISIONS: 
§ 227. ISSUE AND SALE OF BONDS. 
§ 228. VALIDATING PREVIOUS BOND ISSUES. 
§ 22844. WATER BONDS. 
§ 228%. WATER REFUNDING BONDS. 


§ 227. ISSUE AND SALE OF BONDS: 


No bonds other than bonds for public improvements payable out of assessments 
upon the property benefited, and sewer bonds if otherwise authorized, shall be 4ssued 
unless approved by vote of the people at a general or special election at which the 
question shall be submitted in the same manner as other measures are submitted under 
the initiative or referendum. This provision shall not apply to bonds heretofore 
authorized. All bonds of the City of Portland shall be sold to the highest responsible 


bidder. 
[Am. May 3, 1913, §92.] 


§ 228. VALIDATING PREVIOUS BOND ISSUES: 


All bonds heretofore issued and sold by the City of Portland and the former 
cities of East Portland and Albina (both now a part of the City of Portland), now 
outstanding and aggregating the sum of $12,798,700 are hereby approved and vali- 
dated, and the Council of the City of. Portland is hereby authorized to issue and 
sell all additional bonds heretofore authorized and not sold under the provisions of 
sections 118, 118%, 227*, 42534 and 429, (§229 to 285, 236, 237, 239 to 248, and 252 
to 254), authorizing the issuance and sale of municipal garbage collection bonds, of 
the Charter of 1903, as amended; provided, that the bonded indebtedness of the City 
of Portland shall at no time exceed the amount authorized under the provisions of 
section 88 of the Charter of 1903 (Section 160 of this Charter), and provided further, 
that the bonds issued and sold under the provisions of section 383a of the Charter 
of 1903, as amended, shall not be considered as a part of the debt limit fixed by 
said section 88 (160). 

All bonds heretofore or hereafter issued or authorized to be issued pursuant to 
section 227* of the Charter of 1903, or pursuant to any amendment to the said section, 
are hereby declared valid and general obligations of the City of Portland, for the 
payment of the principal and interest of which a tax may be levied in addition 
to the tax in this Charter provided for, in case the water fund of said city should 
at any time prove insufficient for that purpose. 

The several measures amendatory of and supplementary to section 118 of 
the Charter of 1903, including section 118% and section 425% of said Charter and 
especially two measures adopted by the people of the City of Portland, the first at a 
special election held on the 8th day of November, 1910, entitled, “A measure to 
provide for the improvement of water and harbor front of the City of Portland, for 
the acquirement, construction, maintenance and operation of public docks, and for the 
acquirement by condemnation, or otherwise, of lands for the same; to create a com- 
mission to carry on such work and to regulate and control the construction, main- 
tenance and operation of wharves, docks, slips, piers, basins, and other waterfront 
structures in said city; to authorize the issuance and sale of bonds of the City of 
Portland up to two million five hundred thousand dollars ($2,500,000) for the above 
purposes, and to levy a tax as may be necessary for current expenses in carrying 
out the above purposes, and to amend section 118 of the Charter of the City of Port- 
as now amended by adding thereto the following four sections,’ and the second at, a 
regular city election held in said city on the 5th day of June, 1911, entitled, “An. Act 
to amend Chapter VII of the Charter of the City of Portland, entitled ‘An Act to 


[ 87 ] 


incorporate the City of Portland, Multnomah County, State of Oregon, and to pro- 
vide a Charter therefor, and to repeal all acts or parts of acts in conflict there 
with,’ filed in the office of the Secretary of State, January 23, 1903, as amended, by 
inserting a section in said Chapter VII after section 425% and before section 426 
thereof, which shall be designated in the charter as section four hundred twenty- 
five and three-fourths (425%) of Chapter VII, authorizing the sale of bonds in an 
amount not to exceed six hundred thousand dollars for the acquisition of land for, 
and the erection and maintenance of a Public Auditorium in the City of Portland, 
Multnomah County, State of Oregon, and creating a commission to carry out the 
provisions of said act,” are hereby ratified and bonds issued under the same are 


hereby declared valid obligations of the City of Portland. 


[Am. May 8, 1918, §98; Am. June 2, 1913, §98.] 
*Retained as Ordinance. 


§ 22844. WATER BONDS: 


In order to provide funds for the enlargement and extension of its water system 
by the construction of additional pipe lines or conduits from the headworks at the 
Bull Run River to the City of Portland, by the purchase or condemnation of neces- 
sary land and the development of the same, by the construction of necessary reser- 
voirs, by laying water mains, distributing mains and mains for reinforcement, in- 
cluding laterals and appurtenances, by the purchase and installation of necessary pump- 
ing machinery, and the purchase of water systems, the Council is hereby author- 
ized and empowered in the name of the City of Portland from time to time as may 
be deemed expedient and necessary, to issue and dispose of bonds of the City of 
Portland of the denomination of five hundred dollars and, or one thousand dollars, 
as the Council may determine, under the seal of the City of Portland, with interest 
coupons attached thereto. The amount of the several issues of such bonds shall 
be determined by the Council. The bonds shall be signed by the Mayor and counter- 
signed by the Auditor of the City of Portland, and each of said coupons shall have 
the signatures of the Mayor and Auditor engraved thereon, whereby the City of 
Portland shall be held and considered in substance and effect to undertake and 
promise, in consideration of the premises, to pay to the bearer of each of said bonds, 
at the expiration of the time fixed by the Council, which shall not be less than three 
years nor more than thirty years from the date of such bonds, the sum recited therein 
in Gold Coin of the United States, together with interest thereon in like coin, payable 
semi-annually, as provided in such coupons. The rate of interest shall not exceed 
five per cent per annum. The Council shall fix the rate of interest or provide that 
it shall be fixed by the bid. Competition in bidding shall be on the premium and, 
or rate of interest as the Council shall designate. The Council shall fix the time 
of payment and may make the same serial, within the above limits. The bonds issued 
in pursuance of the authority hereby granted shall be known as “Water Bonds of the 
City of Portland.” Said bonds shall be sold to the highest responsible bidder and 
the Council may at its discretion reject any and all bids tendered therefor and 
proceed to readvertise and receive bids until a satisfactory bid is received. All ad- 
vertisements shall be published in not less than five consecutive issues of the City 
Official Newspaper. All moneys derived from the sale of said bonds shall be credited 
to a fund to be known as the “Water Construction Fund” and all moneys received 
from the water rates shall constitute the Water Fund of the City of Portland, and 
both said funds shall be in the care and custody of the City Treasurer of the City of 
Portland and shall be paid out by the Treasurer on warrants signed by the Mayor 
and countersigned by the Auditor and not otherwise. Money may be transferred by 
the Council from the Water Fund to the Water Construction Fund, either as a 
permanent transfer of temporary loan. The revenue from the sale of water is made 
primarily liable for the payment of the principal and interest of said bonds. The 
Council shall annually before the first day of the fiscal year, make a written estimate 
of the probable cost of operation, maintenance, and, or depreciation of the water 
works, together with interest and sinking funds required for all outstanding indebted- 


[ 88 J 


ness during the ensuing year and thereupon fix water rates for such year which will 
insure a sufficient income from the sale of water to pay for such expense and cost. 
It shall be mandatory upon the part of the Council to set aside an annual amount 
for a sinking fund for the retirement of the outstanding water bonds which amount 
shall, with the anticipated accumulations of interest on money or securities in such 
fund, be sufficient at the time when the various water bonds heretofore or here- 
after issued become due to retire the said issues. Said sinking fund shall be upon 
an actuarial basis and a table shall be prepared showing the amount of money 
which should be on hand in the sinking fund at the close of each fiscal year, and if 
at the close of any fiscal year the amount in the sinking fund is not equal to the amount 
as computed any such deficit shall be made up at that time by transferring to the 
sinking fund from the water fund the necessary additional amount. The payment of 
the principal and interest .of said bonds shall be primarily chargeable against the 
moneys derived from the sale of water. The principal and interest of said bonds 
shall be general obligations of the City of Portland but shall not be included within 
the debt limit prescribed by the charter. The amount of bonds which may be issued 
under the provisions of this section is hereby limited as follows: Before any bonds 
shall be issued hereunder an account shall be had of the total amount of water 
bonds then outstanding (including, however, only those bonds payable from the 
revenue of the water system) and from such amount shall be deducted the sum then 
in the sinking fund applicable to the retirement of such water bonds and the dif- 
ference shall be held to be the net water bond indebtedness. An account shall at 
the same time be taken of the amount paid into such sinking fund and, or for the 
retirement of serial bonds during the preceding fiscal year. No bonds shall in any year 
be issued under the provisions of this section which with the net outstanding water 
bond indebtedness ascertained as above, shall exceed an amount which can be realized 
during a period of thirty-five years by the payment into the sinking fund above 
required to be maintained of an annual amount equal to the sinking fund payment 
and payment for the retirement of serial bonds made during such preceding fiscal 
year with accumulations thereof upon the basis of interest at four per cent per an- 


num compounded annually. 
[Amendment of November 7, 1922.] 


§ 22834. WATER REFUNDING BONDS: 


For the purpose of refunding bonded indebtedness incurred by the City in issuing 
its water bonds dated July 1, 1898, due July 1, 1923, bearing interest at five per cent 
in the principal sum of $2,200,000, the Council is hereby authorized to refund said 
bonded indebtedness by issuing and selling refunding bonds of the City of Portland of 
the denomination of five hundred dollars or one thousand dollars as the Council 
may determine under the seal of the City of Portland with interest coupons at- 
tached thereto in the principal sum of $2,200,000. The bonds shall be signed by the Mayor 
and countersigned by the Auditor of the City of Portland and each of said coupons 
shall have the signatures of the Mayor and the Auditor, engraved thereon, whereby 
the City of Portland shall be held and considered in substance and effect to under- 
take and promise, in consideration of the premises to pay to the bearer of each 
of said bonds at the expiration of the time fixed by the Council which time shall not 
be less than five nor more than thirty years from the date of issuance of such bonds, 
the sum recited therein in Gold Coin of the United States, together with interest 
thereon in like coin, payable semi-annually as provided in said coupons. The Council 
shall fix the rate of interest or provide that it shall be fixed by the bid. Competition 
in bidding shall be on the premium and, or rate of interest, as the Council shall 
designate. No sale shall be made for less than par and accrued interest. The Council 
shall fix the time of payment and may make the same serial within the above limits. 
The refunding bonds issued in pursuance of the authority hereby granted shall be 
known as “Refund Water Bonds of the City of Portland, Oregon.” The bonds herein 
provided for shall be advertised and sold to the highest responsible bidder, and the 
Council may at its discretion reject any and all bids tendered for such bonds and 
proceed to readvertise and receive bids until a satisfactory bid is received. All ad- 


[ 89 ] 


vertisements shall be published for not less than five successive issues in the City Of- 
ficial Newspaper. Moneys derived from the sale of said bonds shall be used in the 
redemption of said bonds dated July 1, 1893, due July 1, 1923, and any balance that 
remains after such redemption shall be placed to the credit of the Water Bond Sink- 
ing Fund. The payment of the principal and interest of said refunding bonds shall 
be primarily chargeable against moneys derived from the sale of water; the prin- 
cipal and interest of said bonds shall be general obligations of the City of Port- 
land but shall not be included within the debt limit prescribed by the Charter. 
[Amendment of November 7, 1922.] 


ARTICLE 2. REFUNDING BONDS: 
PROCEDURE ON ISSUANCE OF BONDS TO FUND INDEBTEDNESS: 


§ 229. ISSUE AND SALE OF BONDS: 


For the purpose of funding any bonded indebtedness, including water bonds, 
of the City of Portland, the former City of East Portland, the former City of Albina, 
the former City of St. Johns and the former Town of Linnton, already matured or to 
mature in the future, the City of Portland is authorized and empowered to issue and dis- 
pose of: bonds of the City of Portland, Oregon, of the denomination of from $100.00 to 
$1,000.00 as the purchaser may desire, such bonds to be in the name of the City of Port- 
land, under its seal and signed by its Mayor and Auditor, with interest coupons attached 
thereto with the signature of the Mayor engraved thereon, and the City by each of such 
bonds shall be held in substance and effect to undertake and promise, in consideration 
of the amount received therefor, to pay to the bearer thereof at the expiration of 
the time specified therein, the sum named therein in Gold Coin of the United States, 
together with interest thereon in like coin at the rate mentioned in the bond, which 
rate shall be the rate bid by the successful bidder and the interest on such bonds 
shall be payable half yearly, and the Council, at the time of providing for the is- 
suance thereof, shall fix a time for payment, which time shall not be less than three 

ears nor over twenty-five years from the date of issuing such bond. The total 
amount of such refunding bonds shall not exceed the face or par value of the bonds 
to be refunded. Before such refunding bonds can be sold, the Council shall cause to 
be inserted for two weeks in the City Official Newspaper and in at least one paper 
in New York City making a specialty of such matters, an advertisment inviting 
sealed bids for the purchase of said refunding bonds. Such refunding bonds shall 
be sold at par and accrued interest to the bidder offering the lowest rate of interest. 
Among equal bidders preference in the sale and allotment shall be given to the 
bidders residing in the State of Oregon and subscribing for the smallest amounts. 
[Amendment of May 17, 1918] é 


ARTICLE 3. PARK AND BOULEVARD BONDS: 


§ 230. ISSUE AND SALE OF BONDS. 
§230a. RECONSTRUCTION BONDS. 
§230b. PLAYGROUND BONDS. 


§230. ISSSUE AND SALE OF BONDS: 


The Council of the City of Portland or its successors in office is hereby author- 
ized and empowered in the name of the City of Portland to issue and dispose of 
bonds of the City of Portland to an amount not exceeding One Million Dollars of the 
denominations of $500.00 or $1,000.00 as the Council may determine, under the seal 
of the City of Portland, with interest coupons attached thereto. The bonds shall 
be signed by the Mayor and countersigned by the Auditor of the City of Portland, 
and each of said coupons shall have the signatures of the Mayor and Auditor of the 
City of Portland engraved thereon, whereby the City of Portland shall be held and 
considered in substance and effect to undertake and promise in consideration of the 


[ 90 ] 


premises, to pay to the bearer of each of said bonds at the expiration of twenty- 
five years from the date thereof, the sum named therein in gold coin of the United 
States, together with interest thereon in like coin at the rate of four (4) per cént 
per annum, payable half yearly as provided in said coupons. The bonds issued in 
pursuance of the authority hereby granted shall be known as “Park and Boulevard 
bonds of the City of Portland, Oregon,” and the proceeds thereof shall be applied to 
the purchase of parks and small parcels of ground for neighborhood parks and for 
the improvement thereof, also for the laying out, establishing and improving of a 
system of boulevards and park ways with bridges over gulches in the City of Port- 
land. The bonds herein provided for shall be advertised and sold to the highest 
responsible bidder, and the Council may at its discretion reject any and all bids tendered 
for said bonds and proceed to re-advertise the same when bids are not satisfactory. Of 
the bonds herein authorized to be issued not to exceed $500,000 shall be issued and 
sold during any one fiscal year. All money derived from the sale of said bonds shall 
be in the care and custody of the Treasurer of the City of Portland and credited to 
a fund to be kept and known as the “Park and Boulevard Fund,” and shall be paid 
out by him on warrant of the Mayor attested by the Auditor of the City of Port- 
land, and not otherwise. The said fund shall be expended by the Council, when first 
recommended by the Park Board, for the purposes above enumerated and in either 
the direct purchase or in pursuance of condemnation proceedings as provided in 
Article 1, Chapter I., Article 4, ChapterIII., and Article 1, Chapter VI. of the Charter, 
and in the improvement of such parks, park ways and boulevards; there being ex- 
pressly reserved to the Council the right to assess lots, blocks and parcels of land in 
any district or districts especially or peculiarly benefited by the establishing, laying 
out and improving boulevards in the same manner as provided by the Charter for 


assessing benefits for street improvements. t 
[Am. June’3, 1907, §118.] 


§ 230a. RECONSTRUCTION BONDS: 


For the purposes hereinafter stated the Council of the City of Portland is hereby 
authorized and empowered in the name and under the corporate seal of the City 
of Portland to issue and sell bonds of the City of Portland to an amount not ex4 
ceeding five hundred twenty-seven thousand ($527,000.00) dollars of such denomi- 
nation as the Council may determine and in such form as it may direct with interest 
coupons attached thereto. Said bonds shall be known and designated as “Reconstruc- 
tion Bonds of the City of Portland,” Said bonds shall be signed by the Mayor and 
countersigned by the Auditor of the City of Portland and each of said coupons shall 
have the signature of the Mayor and of the Auditor of said city engraved thereon, 
and the city by each of such bonds shall be held in substance and effect to under- 
take and promise, in consideration of the amount received therefor, to pay to the 
bearer thereof at the expiration of the time specified therein, the sum named therein 
in gold coin of the United States, together with interest thereon in like coin at the 
rate mentioned in the bond, which interest shall be payable half-yearly. The bonds 
herein authorized may be issued at one time or any portion thereof may be disposed 
of as the necessity for the expenditure of money in the progress of the work herein 
authorized may arise, and shall be numbered, beginning with number one and run- 
ning consecutively through the total issue authorized by this section. The Council, 
at the time of providing for the issuance of all or any portion of the bonds hereby 
authorized shall determine the rate of interest to be paid thereon, which shall not 
exceed five and one-half per cent per annum, and: shall fix the dates for redemption 
of said bonds, which dates of redemption shall not be less than three years nor more 
than twenty years from the date of such bonds. A prescribed portion of said bonds, 
to be designated by the Council, shall be redeemed each year beginning with the 
third year from the date thereof, but the bonds designated for redemption in any 
one year shall not exceed ten per cent of all the bonds authorized by this section, 
based upon the par value thereof. Said bonds shall be advertised for not less than 
two weeks and sold to the highest responsible bidder but not for less than par and 


[91] 


accrued interest, and the Council may reject any and all bids tendered for the same 
and proceed to readvertise when bids are not satisfactory. The proceeds from the 
sale of said bonds may be expended by the Council (1) for the payment of expenses 
of the issuance and sale of said bonds, (2) for the performance of such improve- 
ment, construction, reconstruction, maintenance and repair work in, or in connection 
with, the public parks and boulevards in the City of Portland as the Council may 
deem necessary or expedient, including the construction, reconstruction, installation, 
extension, maintenance, alteration and/or repair of buildings, structures, equipment, 
driveways, walks, comfort stations, lighting and water systems, and all other struc- 
tures, equipment, fixtures and facilities pertaining to said parks and boulevards and 
including the grading, planting and embellishment of grounds, (3) for the construc- 
tion of three comfort stations in the business district of said city, including the 


acquisiton of necessary property rights therefor. 
[Amendment of June 8, 1919.] 


§ 230b. PLAYGROUND BONDS: 


The Council of the City of Portland is hereby authorized, in the name of and 
under the corporate seal of said city, to issue and dispose of bonds of said City of 
Portland to an amount not exceeding five hundred thousand ($500,000.00) dollars of 
such denomination as the Council may determine and in such form as the Council 
shall select, with interest coupons attached thereto. The said bonds shall be signed 
by the Mayor and countersigned by the Auditor of the City of Portland and each 
of said coupons shall have the signature of the Mayor and of the Auditor of the City 
of Portland engraved thereon, and the City of Portland by each of said bonds shall 
be held and considered in substance and effect to undertake and promise in consid- 
eration of the premises to pay to the bearer of each of said bonds at the expiration 
of the time specified therein the sum named therein in gold coin of the United States, 
together with interest thereon in like coin at the rate mentioned in the bond, which 
interest shall be payable half-yearly. The bonds hereby authorized may all be 
issued by the Council at one time or any portion thereof may be issued from time to 
time as the necessity for the expenditure of money in the progress 6f the work herein 
authorized may arise and shall be numbered beginning with number one and running 
consecutively through the total issue authorized by this section. At the time of 
providing for the issuance of all or any portion of the bonds hereby authorized, the 
Council shall determine the rate of interest to be paid thereon, which shall not ex- 
ceed 5% per cent per annum, and shall fix the dates for redemption of said bonds, 
which dates of redemption shall not be less than three years nor more than twenty 
years from the date of such bonds. A prescribed portion of said bonds, to be desig- 
nated by the Council, shall be redeemed each year beginning with the third year 
from the date thereof, but the bonds designated for redemption in any one yar shall 
not exceed ten per cent of all the bonds authorized by this section, based upon the 
par value thereof. Said bonds shall be designated as “Playground Bonds of the 
City of Portland, Oregon,” and shall be advertised for not less than two weeks and 
sold to the highest responsible bidder but not for less than par and accrued interest; 
and the Council may reject any and all bids tendered for same and _ proceed 
to readvertise when bids are not satisfactory. The proceeds from the sale of the — 
bonds herein provided for shall be expended by the Council in payment of the ex- 
penses of advertising and issuing said bonds and in the acquisition of land in the 
City of Portland to be used for parks and playgrounds. The Council is hereby au- 
thorized and empowered to acquire land for the purposes above enumerated, either 
by direct purchase or in pursuance of condemnation proceedings, as provided by the 


Charter of the City of Portland and the statutes of the States of Oregon. 
[Amendment of June 3, 1919.] 


ARTICLE 4. HAWTHORNE AVENUE BRIDGE BONDS. 


§ 231. ISSUE AND SALE OF BONDS. 
§ 232. HAWTHORNE AVENUE BRIDGE FUND. 


[ 92 ] 


§ 233. AUTHORIZING CONSTRUCTION HAWTHORNE AVENUE BRIDGE. 
§ 234. AUTHORIZING CONDEMNATION OF PROPERTY. 
§ 235. FRANCHISE RIGHTS ON BRIDGE. 


§ 231. ISSUANCE AND SALE OF BONDS: 


The Council of the City of Portland is hereby authorized in the name of and 
under the corporate seal of said City to issue and dispose of bonds of said City of 
Portland to an amount not exceeding Four Hundred and Fifty Thousand Dollars 
$(450,000.00) of the denomination of Five Hundred Dollars ($500.00) or One Thou- 
sand Dollars ($1,000.00), as the Council may determine, and in such form as said 
Council shall select with interest coupons attached thereto. The said bonds shall 


be signed by the Mayor and countersigned by the Auditor of said City of Portland, 


and each of said coupons shall have the signatures of the Mayor and the Auditor 
of the City of Portland engraved thereon, whereby the City of Portland shall be held 
and considered in substance and effect to undertake and promise in consideration 
of the premises to pay to the bearer of each of said bonds at the expiration of 
thirty (30) years from the date thereof the sum named therein in gold coin of the 
United States, together with interest thereon in like coin at the rate of four per 
cent (4 per cent) per annum, payable half yearly, as provided in said coupons. The 
bonds issued under this ordinance shall be known as the “Bridge Bonds of the City 
of Portland. Series 1907.” The bonds herein provided for and authorized to be 
issued shall be advertised and sold to the highest responsible bidder. The Council 
may reject any and all bids tendered for such bonds and proceed to re-advertise 
the same when the bids are not satisfactory. The Treasurer of the City of Portland, 
Oregon, shall have the care and custody of all moneys received from the sale of 
said bonds or otherwise, and shall pay out the same on the warrants of the Mayor 
countersigned by the Auditor, and not otherwise. All expenses connected with the 
purchase or condemnation of any property, franchise or rights, and the expense of 
the bonds issued as herein authorized and the cost of the bridge herein provided 


for, are to be paid out of the proceeds of the sale of said bonds. 
[Am. June 38, 1907, §118.] 


§ 232. HAWTHORNE AVENUE BRIDGE FUND: 


The proceeds of any sales of what is now known as the Madison Street Bridge, 
or any part thereof, shall become a part of the fund provided herein for the con- 
struction of the new bridge and may be used‘by the said Executive Board* as a part 
of said fund, and the fund created from the sale of bonds and from the sale of any 
part or parts of the bridge now known as the Madison Street Bridge, shall be known 
and designated as the “Hawthorne Avenue Bridge Fund.” All of unexpended money 
after the bridge herein authorized has been constructed and paid for shall be trans- 
ferred from the Hawthorne Avenue Bridge Fund to a fund to be known and desig- 
nated as the “Bridge Bond Sinking Fund,” or shall be transferred to the “Bonded 
Indebtedness Interest Fund,” and used in the redemption of said coupons outstand- 
ing and maturing upon said bonds as the Council of the City of Portland may de- 
termine. Any funds or rentals paid for the use of said bridge and trackage rights 
thereon shall be paid to the Treasurer of the City of Portland and placed to the 


credit of the Bonded Indebtedness Interest Fund. 


[Am. June 3, 1907, §118.] 
*See §§16-17. 


§ 233.—_AUTHORIZING CONSTRUCTION HAWTHORNE AVENUE BRIDGE: 


From the Hawthorne Avenue Bridge Fund, as herein provided, the Executive 
Board* of the City of Portland, County of Multnomah, State of Oregon, and its suc- 
cessors in office is hereby authorized and empowered in the name of the City of 
Portland to build a bridge across the Willamette River in the said city from Haw- 
thorne Avenue on the east side of said river to Madison Street on the west side of 


[ 93 J 


said river, and to remove what is now known as the Madison Street Bridge located 
across said river from Hawthorne Avenue on the east side of said river to Madison 
Street on the west side of said river, and to use or to sell or dispose of the said 
Madison Street Bridge or the material composing the same for such price and upon 
such terms as the Executive Board* in its judgment may determine, to be for the 
best interest of the City of Portland. The approaches to said bridge shall conform 
to the grades of streets as now established on Hawthorne Avenue on the east side 
of said river and Madison Street on the west side of said river. 


[Am. June 8, 1907, §118.] 
*See §§16-17. 


§ 234. AUTHORIZING CONDEMNATION OF PROPERTY: 


The said Executive Board* and its successors in office for the purpose of carry- 
ing into effect this ordinance is hereby authorized and empowered to appropriate 
and condemn in the name of the City of Portland for the use of the public any pri- 
vate property abutting upon the said avenue or street, or either thereof, or claimed 
to exist thereunder or over, and any and all franchises, easements, liens, approaches, 
structures, superstructures, leases, railway tracks, railway wires and roadways, and 
telephone, telegraph and electric light wires, which said Executive Board may re- 
quire for the purposes of this ordinance. And said property may be entered upon 
and examined, surveyed and selected in the mode prescribed by the statutes of this 


state for the appropriation of property for public use. 


[Am. June 8, 1907.] 
*See §§16-17. 


§ 235. FRANCHISE RIGHTS ON BRIDGE: 


It shall be the duty of the Executive Board* before constructing the bridge 
herein authorized, to enter into negotiations with the Portland Railway, Light and 
Power Company, or any other company or corporation now operating cars over what 
is known as the Madison Street Bridge, for the surrender of its present lease and 
franchise and any and all other rights or privileges it has in, to or upon what is now 
known as the Madison Street Bridge, and approaches thereto, and as a consideration 
for such surrender the approaches thereto, and as a consideration for such surrender 
the Executive Board* is hereby authorized to agree for the City of Portland to con- 
struct the new bridge herein provided for, and to remove what is known as the 
Madison Street Bridge, and to make and execute to the said Portland Railway, Light 
and Power Company, or such other company or corporation now having rights or 
franchises on said Madison Street Bridge, a lease or franchise to operate cars 
over and across said new bridge for a term not exceeding twenty-five years. Pro- 
vided, however, that the said Portland Railway, Light and Power Company, its 
successors and assigns, or any other company or corporation holding rights, leases 
or franchises, on said bridge shall agree in and by said new lease or franchise, 
to pay as rental for the use of said new bridge and approaches thereto and tracks 
thereon, five cents (5c) per car for each and every car of thirty-six (36) feet or less 
in length that crosses said bridge, and such additional rate per car for cars over 
thirty-six (36) feet in length as may thereafter be agreed upon between the Executive 
Board and the company or corporation interested therein. Said rental to be paid 
at the end of each calendar month to the City Treasurer. Said rental in no case 
to be less than fifteen thousand dollars ($15,000) per year, and in case said rental 
shall amount to less than fifteen thousand dollars ($15,000) per year upon the basis 
of the rate per car as hereinbefore provided, then and in that event the Portland 
Railway, Light and Power Company, its successors and assigns, shall at the end © 
of the year, pay the difference between the amount paid at the rate of five cents 
(5c) per car and the said sum of fifteen thousand dollars ($15,000) to the City Treas- 
urer. In case the Executive Board shall not make such an agreement with the Port- 
land Railway, Light and Power Company and such other company or companies 
holding leases or franchises on said bridge as is herein authorized to. be made, 


[ 94 ] 


then and in such event said Executive Board may in its discretion temporarily or 
permanently discontinue or abandon any further steps or proceedings toward the 
building of said new bridge, or may, in its discretion, proceed to acquire by condem- 
nation as hereinbefore provided, in the name of the City of Portland any and all 
franchises, easements, leases, approaches, structures, superstructures, liens, railway 
tracks, railway wires, roadways, telephone and telegraph and electric wires and other 
private property including said lease and franchise and any other rights or privileges 
of the Portland Railway, Light and Power Company or such other company or com- 
panies as may be interested therein, which may be required for the purpose of carry- 
ing into effect the purposes of this act. Said Executive Board* and its successors 
in office, are hereby authorized to enter into contracts and leases with other street 
railway companies for the use and operation of cars over and upon the tracks of said 
new bridge and the approaches thereto for such times and such rates and upon 
such terms and conditions as may in the judgment of said Executive Board be nec- 
essary for the best interest of the City of Portland. Provided, however, that in and 
by every such contract or lease it shall be provided that the street railway company 
or companies shall pay the City of Portland as rental for the use of said new bridge 
and approaches thereto and tracks thereon, five cents (5c) per car for each time 
each and every car of thirty-six (36) feet or less in length crosses said bridge, and.such 
additional rate per car for cars over thirty-six (36) feet in length as may be agreed 
upon between said railway company or companies and said Executive Board.* And 
provided, further, that said Executive Board may in giving or granting any such 
contract or lease, fix a minimum sum to be paid each month, in any event, by the 
company or companies to which such contract or lease is given or granted. If a 
specified agreement for the surrender of the present lease or grant and the granting 
of a new lease as is herein authorized is not made and entered into by the Executive 
Board of the City of Portland and the said Portland Railway, Light and Power Com- 
pany, or other company or companies, or corporation or corporations, for rights on 
said bridge, the same shall have no right or authority to operate cars over and upon 
or use said new bridge and the approaches thereto, except under or by virtue of 
such new contract or lease as may be given or granted to it by said Executive Board 
in accordance with the provisions of this Section. Nothing in this ordinance shall 
be construed to authorize the Executive Board or its successors in office, to give any 
street railway company any exclusive right to operate cars over said new bridge. 
Should said Hawthorne Avenue Bridge be destroyed by fire, flood or other cas- 
ualty, any lease or contract with reference to the use of the approaches thereto or 
contracts thereon by any street railway company shall then and thereupon at the op- 
tion of said Executive Board and its successors in office cease and determine, and 
if such bridge shall be rebuilt then said lease or contracts for the use of the ap- 
proaches to or tracks upon said bridge shall. apply to said bridge so rebuilt or re- 
newed. After the building of the said bridge hereby authorized the said Executive 
Board shall surrender and deliver the possession of the same to the County Court 
of Multnomah County, and such court shall operate, control and manage the same 
and keep the same in repair in the same manner as other bridges crossing the Wil- 
lamette River within the City of Portland are operated, controlled and managed, as 


required by law. 


[Am. June 8, 1907, §118.] 
*See §§16-17. 


ARTICLE 5. BROADWAY AND ROSS ISLAND BRIDGE BONDS: 


§236. ISSUE AND SALE OF BONDS; GENERAL PROVISIONS. 
§236%. BROADWAY AND ROSS ISLAND BRIDGE ACCESS BONDS. 


§ 236. ISSUE AND SALE OF BONDS; GENERAL PROVISIONS: 


The Council of the City of Portland is hereby authorized in the name of and 
under the corporate seal of said city to issue and dispose of bonds of said City of 
Portland to an amount not exceeding two million dollars of the denominations of 


[95 ] 


five hundred dollars, or one thousand dollars, as the Council may determine and in 
such form as the said Council shall select, with interest coupons attached thereto. 
The said bonds shall be signed by the Mayor and countersigned by the Auditor of 
said City of Portland, and each of said coupons shall have the signatures of the 
Mayor and the Auditor of the City of Portland engraved thereon, whereby the City 
of Portland shall be held and considered in substance and effect to undertake and 
promise, in consideration of the premises, to pay to the bearer of each of said bonds, 
at the expiration of thirty years from the date thereof the sum named therein in 
gold coin of the United States, together with interest thereon in like gold coin at the 
rate of four per centum per annum, payable half-yearly as provided in said coupons. 
The bonds issued in pursuance of the authority hereby granted shall be known as the 
“Bridge Bonds of the City of Portland, Series 1909.” The bonds herein provided 
for and authorized to be issued, shall be advertised and sold to the highest responsible 
bidder. The Council may, at its discretion, reject any and all bids tendered for such 
bonds and proceed to re-advertise the same when the bids are not satisfactory. The 
Treasurer of the City of Portland, Oregon, shall have the care and custody of all 
moneys received from the sale of said bonds, or otherwise, and shall pay out the 
same on warrants of the Mayor countersigned by the Auditor, and not otherwise. 
All expenses connected with the purchase or condemnation of any property, easement, 
franchise, or rights, and the expense of the bonds issued as herein authorized, and 
the cost of the bridge herein provided for, with its approaches, terminals and nec- 
essary accessories, are to be paid out of the proceeds of the sale of said bonds. 


From the fund herein provided for, the Executive Board* of the City of Port- 
land, Multnomah County, State of Oregon, and its successors in office, is hereby 
authorized and empowered, in the name of the City of Portland, to construct and 
build a bridge with appropriate approaches and terminals, and with a clearance of not 
less than 65 feet above high water and not less than 96.13 feet above the city datum 
or low water mark, across the Willamette River in said city, from Broadway street 
at or near its intersection with Larrabee street, on the east side of said river, and 
following the line of Broadway street extended westerly in its present ‘course, to a 
point at or near its intersection with Seventh Street on the west side of said Wil- 
lamette river; thence southerly and easterly to a point at or near the intersection 
of Sixth and Irving Streets; and it shall have full power and authority, subject to 
such regulations as may be imposed by the United States, to build, erect and con- 
struct piers, abutments and other necessary supports in the bed of the Willamette 
River for the foundation of such bridge. 


The location of the west approach and incline of said bridge shall be subject, 
however, to such modification and change as may be deemed expedient by said Ex- 
ecutive Board or its successors in office. 


The said Executive Board, or its successors in office, for the purpose of carrying 
into effect the provisions of this section, is hereby authorized and empowered to 
appropriate and condemn in the name of the City of Portland, for the public use, 
any property occupied by or abutting upon said streets, bridge, site, approaches, or 
terminals, or necessary or which may be required, for the construction or main- 
tenance of said bridge, approaches or terminals, including all franchises, easements, 
liens, approaches, structures, superstructures, leases, railroad tracks, and railroad 
property, railway wires, rights of way, roadways, telephone, telegraph and electric 
wires, which said Executive Board, or its successors may require to carry into effect 
the purposes of this section, and such property may be entered upon and examined, 
surveyed, selected, condemned and appropriated in the mode provided by the Charter 
of the City of Portland, or by the statutes of the State of Oregon, for the appropria- 
tion of property for public use or corporate purposes. And for the purpose of carry- 
ing the provisions of this section into effect, the Executive Board of the City of 
Portland, or its successors in office, is authorized and empowered to appropriate and 
use the whole or any part of any of the public streets or highways of the City of 
Portland or to establish or alter the grades thereof. All railway tracks laid upon 
said bridge, or upon its approaches or terminals, shall forever be and remain the 


[ 96 ] 


exclusive property of the City of Portland, and no exclusive privilege or franchise 
shall be granted to any person, railway company, or other public service corporation, 
for the use of the whole or any part of such bridge, approaches, or terminals. And 
all of such privileges or franchises that may be granted by the City of Portland for 
the use of the whole, or any part of such bridge, approaches, or terminals, shall be 
granted upon such compensation to the City as may be determined by the Council 
of the City of Portland or its successors in office. After the construction of such 
bridge, the Executive Board, or its successors in office, shall surrender and deliver 
the possession of the same to the County Court of Multnomah County, State of 
Oregon, and such court shall operate, control and manage the same and keep the 
same in repair in the same manner as other bridges crossing the Willamette river 
within the City of Portland are operated, controlled and managed as required by 
law. 


All acts and parts of acts in conflict herewith are hereby repealed to the extent 


that they may conflict with the provisions hereof. 


[Am. June 7, 1909, §118%.] 
*See §16-17. 


§ 2364.2. BROADWAY BRIDGE ACCESS BONDS: 


The Council of the City of Portland is hereby authorized, in the name and under 
the corporate seal of said city, to issue and dispose of bonds of said city to an amount 
not exceeding $987,000.00, and of such denomination and form as the Council may 
determine, with interest coupons attached. Such bonds shall be signed by the Mayor 
and countersigned by the Auditor of said city, and each of such coupons shall have 
the signature of the Mayor and of the Auditor of said city engraved thereon, and 
the City of Portland by each of said bonds shall be held and considered in substance 
and effect to undertake and promise, in consideration of the premises, to pay to the 
bearer of each of said bonds, at the expiration of the time specified therein, the sum 
named therein in gold coin of the United States of America, together with interest 
thereon in like gold coin at the rate mentioned in the bond, which interest shall be 
payable half-yearly. Portions of the bonds hereby authorized may be issued from 
time to time as the Council may find expedient. Said bonds shall be known as 
“Bridge Access Bonds,” and the same shall be numbered beginning with Number 1 
and running consecutively through the total issue authorized hereby. At the time 
of providing for the issuance of any such bonds, the Council shall, subject to the 
provisions hereof, fix the rate of interest to be paid (which rate shall not exceed five 
and one-half per cent per annum), the dates for redemption of said bonds (which 
dates shall not be less than three years nor more than thirty years from the date of 
such bonds), and the portion of said bonds which shall be redeemed each year be- 
ginning with the third year from the date thereof, but the bonds designated for 
redemption in any one year shall not exceed ten per centum of all of the bonds au- 
thorized by this section based upon the par value thereof. Such bonds, before sale, 
shall be advertised for not less than two weeks, and shall be sold to the highest 
responsible bidder, but not for less than par and accrued interest. The Council, 
before advertising the sale of such bonds, may provide that competition in bidding 
shall be partially or wholly upon the rate of interest, and in that case the rate shall be 
fixed according to the bid of the successful bidder and the award shall be made 
upon the bid which is most to the advantage of the city. The Council shall have the 
right to reject any and all bids and proceed to readvertise when bids are not 
satisfactory. The proceeds from the sale of such bonds shall be expended by the 
Council in paying the expense of advertising, issuing and selling the same and in 
paying seventy-five per cent of the cost of opening, altering, widening and/or ex- 
tension of the streets, and the cost of lands, rights of way, easements and/or other 
rights necessary for the purpose of providing additional lands, rights of way, ease- 
ments and/or other rights for the new Burnside Street Bridge and new Ross Island 
Bridge (to be constructed by Multnomah County, Oregon), the Glisan street approach 
to the Railroad Bridge, and the east approach to the Broadway Bridge, the various 


[97 ] 


streets being designated as follows: Burnside street from the harbor line to Third 
street on the west side of the river; Burnside street, on the east side of the river, 
from a point 100 feet west of the west line of East Third street to Grand avenue; 
Grand avenue from Woodward avenue to Brooklyn street, and Brooklyn street from — 
Grand avenue to East Seventh street; Woods street from the harbor line to Cor- 
bett street; Glisan street from Third street to Fourth street; and East Broadway 
from Crosby street to Larrabee street, it being contemplated and intended and hereby 
provided that the other 25 per cent of such cost shall be raised by a local assess- 
ment for benefits in the manner and as provided by Sections 321 to 324, inclusive, of 
the charter. In calculating the cost of acquiring such property, easements and/or 
rights, the cost of engineering, advertising, obtaining values, and all other ex- 
penses, shall be included. 


If appeals are taken to the Circuit Court of the State of Oregon for Multnomas. 
county, as provided by the charter, by the owners of any lot, tract or parcel of land 
appropriated, or by persons against whom an assessment of benefits is made, and 
upon the determination of such appeals judgments are entered by the Circuit Court 
against the city, increasing the cost of acquiring such property, rights of way, 
easements and/or other rights over the amount allowed by the City Engineer and 
the Council, then further authority is hereby given to the Council to issue and sell 
additional bonds, in the manner and form as above provided, up to but not ex- 
ceeding an amount sufficient to cover such deficit cost as fixed by said Circw/. 
Court on said appeals. 

The amount of all of the bonds authorized by this section of the charter shall 
not be counted in calculating the limited indebtedness otherwise applicable to the 


City of Portland, but shall be excluded from said limitation. 
[Amendment of March 4, 1924.] 


ARTICLE 6. FIRE BOAT, FIRE MAIN AND FIRE DEPARTMENT CONSTRUC- 
TION BONDS: 


237. ISSUE AND SALE OF BONDS. 
237-a. FIRE BOAT, FIRE MAIN AND FIRE DEPARTMENT CONSTRUC- 
TION BONDS. 


Cn UP 


§ 237. ISSUE AND SALE OF BONDS: 


The Council of the City of Portland, and its successors in office, is hereby au- 
thorized and empowered in the name of the City of Portland to issue and dispose 
of bonds of the City of Portland to an amount not exceeding $275,000.00 of whe 
denomination of five hundred dollars or of one thousand dollars, as the Council may 
determine, under the seal of the City of Portland, with interest coupons attached 
thereto. The said bonds shall be signed by the Mayor and countersigned by the 
Auditor of the City of Portland, and each of said coupons shall have the signatures 
of the Mayor and Auditor of the City of Portland engraved thereon, whereby the City 
of Portland shall be held and considered in substance and effect to undertake and 
promise, in consideration of the premises, to pay the bearer of each of said bonds 
at the expiration of twenty-five years from the date thereof, the sum named therein 
in gold coin of the United States, together with interest thereon in like coin at the 
rate of four per cent (4 per cent) per annum, payable half yearly, as provided in 
said coupons. The bonds issued in pursuance of the authority hereby granted shall 
be known as “General Bonds of the City of Portland, Oregon.” The bonds herein 
provided for and authorized to be issued shall be advertised and sold to the highest 
responsible bidder and the Council may in its discretion reject any and all bids ten- 
dered for said bonds and proceed to readvertise the same when the bids are not 
satisfactory. The money derived from the sale of said bonds shall be in the cus- 
tody of the Treasurer of the City of Portland and credited to a fund to be known 
as “The Fire Boat and Fire Mains Fund” and the Treasurer shall pay out of the 
same on warrants of the Mayor attested by the Auditor and not otherwise. When 
the said bonds are sold and the money therefor has been paid. to the Treasurer of 


[98 ] 


the City, the power and authority shall be vested in the Executive Board* to pur- 
chase, construct and equip an additional fire boat for the City of Portland, and to 
lay the mains as herein provided, and of the proceeds thereof not to exceed $125,- 
000.00 shall be expended for the purchase or construction and equipment of a suit- 
able fire boat and the remainder thereof shall be expended for the laying of water 
mains for protection against fire, from the Willamette River and on each side 
thereof, for a distance of six blocks and for the purpose of placing on said mains, 
hydrants and other apparatus as may be determined upon by the Executive Board. 


[Am. June 8, 1907, §118.] 
*See §16-17. 


§ 237-a. FIRE BOAT, FIRE MAIN AND FIRE DEPARTMENT CONSTRUCTION 
BONDS: 


The Council of the City of Portland is hereby authorized and empowered, in the 
name and under the corporate seal of the City of Portland, to issue and dispose 
of bonds of said City to an amount not exceeding two hundred thousand ($200,000.00) 
dollars of denominations to be determined by the Council and in such form as it 
may direct with interest coupons attached thereto. Said bonds shall be known and 
_ designated as “Fire Department Construction Bonds of the City of Portland, Oregon.” 
Said bonds shall be signed by the Mayor and countersigned by the Auditor of the 
City of Portland and each of said coupons shall have the signatures of the Mayor 
and of the Auditor of said City engraved thereon, and the City by each of said bonds 
shall be held in substance and effect to undertake and promise, in consideration of 
the amount received therefor, to pay to the bearer thereof at the expiration of the 
time specified therein, the sum named therein in gold coin of the United States, 
together with interest thereon in like coin at the rate mentioned in the bond, which 
interest shall be payable half-yearly. The bonds herein authorized may be issued 
at one time or any portion thereof may be disposed of as the necessity for the ex- 
penditure of money in the progress of the work herein authorized may arise, and 
shall be numbered beginning with number one and running consecutively through 
the total issue authorized by this section. The Council, at the time of providing for 
the issuance of all or any portion of the bonds hereby authorized shall determine 
the rate of interest to be paid thereon, which shall not exceed five and one-half per 
cent per annum, and shall fix the dates for redemption of said bonds, which dates 
of redemption shall not be less than three years nor more than twenty years from 
the date of such bonds. A prescribed portion of said bonds, to be designated by the 
Council, shall be redeemed each year beginning with the third year from the date 
thereof, but the bonds designated for redemption in any one year shall not exceed 
ten per cent of all the bonds authorized by this section based upon the par value 
thereof. Said bonds shall be advertised for not less than two weeks and sold to 
the highest responsible bidder but not for less than par and accrued interest, and 
the Council may reject any and all bids tendered for the same and proceed to read- 
vertise when bids are not satisfactory. The proceeds from the sale of said bonds 
may be expended for the payment of the expenses of the issuance and sale of said 
bonds and for the construction, reconstruction and/or repair of buildings and struc- 
tures for the uses and purposes of the Fire Department of the City of Portland, 


Oregon. 
[Amendment of June 3, 1919.] 


ARTICLE 7. CREMATORY BONDS: 


§ 238. ISSUE AND SALE OF BONDS: 


The Council of the City of Portland is hereby authorized in the name of and 
under the corporate seal of said City to issue and dispose of bonds of said City of 
Portland to an amount not exceeding one hundred and fifty thousand dollars ($150,- 
000), of the denomination of five hundred dollars ($500) or one thousand dollars 
($1,000), as the Council may determine, and in such form as said Council shall 


[99 ] 


select, with interest coupons attached thereto. The said bonds shall be signed by 
the Mayor and countersigned by the Auditor of said City of Portland, and each of 
said coupons shall have the signatures of the Mayor and the Auditor of said City of 
Portland engraved thereon, whereby the City of Portland shall be held and con- 
sidered in substance and effect to undertake and promise in consideration of the 
premises to pay to the bearer of each of said bonds the sum named therein in gold 
coin of the United States, in ten equal annual installments from the general fund of 
the City of Portland, together with interest thereon in like gold coin at the rate of 
five per cent per annum, payable half yearly as provided in said coupons. The first 
annual installment to mature July 1, 1910. 

The bonds issued in pursuance of the authority hereby granted shall be known 
as “Crematory Bonds” of the City of Portland and shall be paid from the general 
fund. 

The bonds herein provided for and authorized to be issued shall be advertised 
and sold to the highest responsible bidder. The Council may reject any and all 
bids tendered for such bonds and proceed to re-advertise the same when the bids are 
not satisfactory. The Treasurer of the City of Portland, Oregon, shall have the 
care and custody of all moneys received from the sale of said bonds or otherwise, 
and shall pay out the same on the warrants of the Mayor, countersigned by the 
Auditor, and not otherwise. 

The proceeds of the sale of the bonds herein provided for shall be expended by 
the Council in the payment of the expenses of advertising and issuing said bonds, 
and in the acquisition of land for incinerating plants, either in the direct purchase 
thereof or in pursuance of condemnation proceedings in the manner provided by the 
statutes of the State of Oregon for the appropriation of land for corporate purposes; 
and by the Board of Health* in pursuance of appropriations therefor, in the pur- 
chase, construction, installation, improvement and repair of incinerating plants and 
their necessary accessories. Said incinerating plants shall be under the management, 
control and supervision of the Board of Health.* 

The Council is hereby authorized to provide a rate to be charged for the collec- 


tion and removal of garbage. 


[Am. June 7, 1909, §42514.] 
*See §16-17. Ph at 
[ Note.—$108,000 of this authorization has been issued and the bonds r<deemed.] 


ARTICLE 8. PUBLIC AUDITORIUM BONDS: 


§ 239. CREATION OF COMMISSION; TERMS OF OFFICE. 

§ 240. RULES AND REGULATIONS. 

§ 241. PUBLIC LETTING OF CONTRACTS. 

§ 242. PROVISION FOR OREGON HISTORICAL SOCIETY. 

§ 2438. SAME—POWER TO EMPLOY SUBORDINATES AND CONTROL USE 
OF AUDITORIUM. 

§ 244. ANNUAL REPORT. 

§ 245. ISSUE AND SALE OF BONDS—SINKING FUND. 

§ 246. DISBURSEMENTS. 

§ 247. DEFICIT PAID OUT OF GENERAL FUND. 

§ 248. EXPENDITURE OF FUND. 


§ 239. CREATION OF COMMISSION; TERMS OF OFFICE: 


That there is hereby created a Public Auditorium Commission.* Said Commis- 
sion shall be composed of five members who shall be appointed by the Mayor. Within 
ten days after the adoption of this act the Mayor shall appoint five persons as mem- 
bers of said Commission, who are qualified voters and have been residents of 
the City of Portland for three years. Such persons shall determine by lot among 
themselves, the length of their terms, for one, two, three, four and five years, re- 
spectively. On the expiration of the term of any member his successor shall be 
appointed by the Mayor. Resignations, when made, shall be addressed to and ac- 


[ 100 ] 


cepted by the Mayor, and vacancies filled by him by appointment for the unexpired 
term. The members shall serve without salary or compensation of any nature. 
Within ten days after their appointment the Commission shall meet and organize 
by the election of a Chairman and the Auditor of the City of Portland shall be 


ex-officio Clerk of said Commission, without extra compensation. 


‘[Am. June 5, 1911, §42534.] 
*See §16-17. 
*Council. 


§ 240. RULES AND REGULATIONS: 


The Commission shall have power and authority to make all necessary rules and 


regulations for its government. 
[Am. June 5, 1911, §42534.] 


- ae - , 
“ i 


§ 241. PUBLIC LETTING OF CONTRACTS: 


In the construction of said Public Auditorium, the Commission shall proceed only 
after public notice asking for proposals based upon the plans and specifications pred 
viously submitted and filed with the Commission by its architect, and approved by 
it; Provided, that when, in the judgment of the Commission, the bids are excessive, 
or otherwise unsuitable, the Commission may proceed to do the work directly. The 
Commission shall in all cases have the right to reject any and all bids. In the event 
that it shall perform the work directly or without contract, it shall make no pur- 
chase of materials in amounts exceeding two hundred fifty ($250.00) dollars, except 
by public letting, or in case of failure to receive bids after reasonable notice in a 
public newspaper of the City of Portland, or in case of extreme emergency where 
the delay of public letting might cause serious loss or injury to the work. And it 
is further provided that open competition shall be had in the letting of all contracts 
for said construction including contracts of architects in drawing plans and designs 
for said construction work which shall be in pursuance of the rules of the American 


Institute of Architects. 
[Am. June 5, 1911, §42534.] 


§ 242. PROVISION FOR OREGON HISTORICAL SOCIETY: 


The Commission shall have the authority to permit the Oregon Historical Society 
to occupy such portion of such Public Auditorium as it may designate and upon such 
terms and conditions as said Commission shall prescribe and said Commission shall 
have exclusive charge and control of said Auditorium property subject to the pro- 


visions herein contained. 
[Am. June 5, 1911, §42534.] 


§ 243. SAME—POWER TO EMPLOY SUBORDINATES AND CONTROL USE OF 
AUDITORIUM: 


The Commission shall have the power to employ such officers, employes and 
agents as may be necessary in the efficient and economical carrying out \of its 
duties and to fix and provide for their compensation, but such officers, employes and 
agents shall not be subject to the Civil Service provisions of the City Charter. The 
Commission shall have exclusive authority to fix the rates to be charged for the 
use of said Auditorium; to enter into any contract with theatrical or other com- 
panies for the use of said Auditorium for a term not exceeding two years, and shall 
also have power and authority to allow said Auditorium to be used by the general 
public, free of charge, at such times and upon such occasions as it, in its judgment, 


may determine. 
[Am. June 5, 1911, §425%4.] 


§ 244. ANNUAL REPORT: 
The Commission shall annually make to the Council of the City of Portland a full 
[ 101 ] 


report of its doings for the year, including an itemized account of its estimated re- 
ceipts and expenditures for the ensuing year. ‘Such report shall be made at the 


same time as reports of the other departments of the City are submitted. 
[Am. June 5, 1911, §4253%4.] 


§ 245. ISSUE AND SALE OF BONDS—SINKING FUND: 


The Commission is hereby authorized, in the name and under the corporate 
seal of said City, to issue and dispose of bonds to an amount not to exceed six 
hundred thousand dollars, with interest coupons thereto attached, of the City of 
Portland, in such amounts and in such denominations as the Council may determine; 
Provided, however, that said issue of bonds shall be subject to the limitations pro- 
vided in Section 160 of the Charter of the City of Portland. Said bonds shall be 
signed by the Mayor and countersigned by the Auditor of said City, and each of said 
coupons shall bear the fac simile signatures of the Mayor and of the Auditor of 
said City of Portland engraved thereon, whereby the City of Portland ghall be 
held and considered in substance and effect to undertake and promise in consider- 
ation of the premises, to pay to the bearer of each of said bonds, at the expira- 
tion of thirty (30) years from the date thereof, the sum named therein in gold coin 
of the United States, together with interest thereon in like gold coin at the rate of 
four (4 per cent) per centum per annum, payable semi-annually as provided in said 
coupons. Said bonds and interest are to be paid from taxes to be assessed, levied 
and collected upon real and personal property in the City of Portland, not exempt 
from taxation, and the Council shall, each year, at the same time the other levy or 
levies of taxes are made, as provided by Section 190 of the Charter, have power 
and authority to levy an additional tax of such fraction of a mill on each dollar 
of valuation of the property in said City that will yield not less than the sum of 
three thousand ($3,000.00) dollars nor more than four thousand ($4,000.00) dollars, 
which sum will be apportioned to a fund to be known as a “Sinking Fund” for the 
retirement of the bonds herein authorized to be issued and said sinking fund shall 
be invested by the Commission in interest-bearing bonds of the United States, the 
State of Oregon, the City of Portland, or any city of the first class, preference, 
however, to be given in all instances to interest- bearing bonds of the City of 


Portland, and all such securities shall be deposited with the City Treasurer. 
[Am. June 5, 1911, §425%4.] 


§ 246. DISBURSEMENTS: 


The said bonds issued in pursuance of the authority hereby granted shall be 
known as “Public Auditorium Bonds of the City of Portland, Oregon,” and the same 
Shall be advertised and sold to the highest responsible bidder. The Commission may, 
in its discretion, reject any and all bids tendered for such bonds, and proceed to 
re-advertise the same when the bids are not satisfactory to said Commission. All 
moneys derived from the sale of such bonds, and all revenues of every nature what- 
soever derived from said Public Auditorium, shall constitute the “Public Auditorium 
Fund of the City of Portland,” and shall be in the care and custody of the Treasurer 
of the City of Portland. Disbursements shall be made by him on warrants of the 
Chairman and Clerk of the Commission, in pursuance of its general purposes and 
after express authority by resolution of the Commission. The books of the Commis- 
sion shall, from time to time, be audited by the Auditor of the City of Portland, 
under the direction of the Council, in such manner and at such time ag it may, 


prescribe. 
[Am. June 5, 1911, §425%4.] 


§ 247. DEFICIT PAID OUT OF GENERAL FUND: 


In case the revenues from said Auditorium for any preceding year are insuf- 
ficient to pay for the. maintenance and operation of said Auditorium, then the 


Council shall have authority to pay such deficit out of the general fund. 
[Am. June 5, 1911, §425%.] 


[ 102 ] 


§ 248. EXPENDITURE OF FUND: 


From the fund herein provided for, the Commission is hereby authorized and 
empowered to expend the same, first, in the payment of the expense of the issu- 
ance and sale of said bonds, and in the acquisition of land for a site for said Au- 
ditorium, either in the direct purchase thereof or in pursuance of condemnation pro- 
ceedings in the manner provided by the statutes of the State of Oregon for the ap- 
propriation of land for corporate purposes, and second, for the construction, main- 


tenance, operation and management of the said Public Auditorium. 
[Am. June 5, 1911, §425%4.] 


ARTICLE 9. MUNICIPAL JAIL BONDS: 


§ 249. ISSUE AND SALE OF BONDS. 
§ 250. EXPENDITURE OF PROCEEDS. 
§ 251. CONSTRUCTION OF JAIL BUILDING. 


§ 249. ISSUE AND SALE OF BONDS: 


The Council of the City of Portland is hereby authorized in the name of and 
under the corporate seal of said City to issue and dispose of bonds of said City of 
Portland to an amount not exceeding two hundred thousand ($200,000.00) dollars of 
such denomination as the Council may determine, and in such form as said Council 
shall select, with interest coupons attached thereto. The said: bonds shall be signed 
by the Mayor and countersigned by the Auditor of said City of Portland, and each 
of said coupons shall have the signatures of the Mayor and of the Auditor of the 
City of Portland engraved thereon, whereby the City of Portland shall be held and 
considered in substance and effect to undertake and promise, in consideration of 
the premises, to pay to the bearer of each of said bonds, at the expiration of thirty 
years from the date hereof, the sum named therein in gold coin of the United 
States of America, together with interest thereon in like coin at the rate of four 
per centum per annum payable half yearly as provided in said coupons. The bonds 
issued in pursuance of the authority hereby granted shall be known as “Municipal 
Jail Bonds of the City of Portland, Oregon,” and shall be payable by general tax- 
ation as provided by Section 190 of the Charter. The bonds herein provided for 
and authorized to be issued shall be advertised and sold to the highest responsible 
bidder. The Council may, in its discretion, reject any and all bids tendered for 
such bonds and proceed to re-advertise the same when the bids are not satisfactory. 
The Treasurer of the City of Portland, Oregon, shall have the care and custody 
of all moneys received from the sale of said bonds, or otherwise, and shall pay out 
the same on warrants of the Mayor, countersigned by the Auditor, and not 


otherwise. 
[Am. June 5, 1911, §428.] 


§ 250. EXPENDITURE OF PROCEEDS: 


The proceeds of the sale of the bonds herein provided for shall be expended by 
the Council in the payment of the expenses of advertising and issuing said bonds, 
and in the acquisition of land for, and in the construction and erection of a building 
to be used for a municipal jail, municipal courthouse, headquarters for the Police 
Department, and for an emergency hospital. The Council of City of Portland 
is hereby authorized and empowered to acquire, either by direct purchase or in 
pursuance of condemnation proceedings as provided by the Charter of the City of 
Portland and the statutes of the State of Oregon, an appropriate site for said 
municipal jail building, or to appropriate and use any property now. owned by the 


City of Portland available for such purpose. 
[Am. June 5, 1911, §428.] 


§ 251. CONSTRUCTION OF JAIL BUILDING: 
From the fund herein provided for, the Executive Board* of the City of Port- 
[ 103 ] 


land, Oregon, and its successors in office, is hereby authorized and empowered 
to construct and furnish a suitable building to be used for the purposes herein 
designated, and to enter into all the necessary contracts therefor. Said building, 


when completed, shall be under the supervision and control of said Executive Board. 


[Am. June 5, 1911, §428.] 
*See §16-17. 
*Council 


ARTICLE 10. MUNICIPAL GARBAGE COLLECTION BONDS: 


§ 252. ISSUE AND SALE OF BONDS. 
§ 253. EXPENDITURE OF PROCEEDS—GENERAL PROVISIONS. 
§ 254. FIXING OF GARBAGE COLLECTION RATES. 


§ 252. ISSUE AND SALE OF BONDS: é 


The Council of the City of Portland is hereby authorized in the name of and 
under the corporate seal of said City to issue and dispose of bonds of said City 
of Portland to an amount not exceeding seventy-five thousand ($75,000.00) dol- 
lars of such denominations as the Council may determine, and in such form as 
said Council shall select, with interest coupons attached thereto. The said bonds 
shall be signed by the Mayor and countersigned by the Auditor of said City of 
Portland, and each of said coupons shall have the signature of the Mayor and Audi- 
tor of the City of Portland engraved thereon, whereby the City of Portland shall 
be held and considered in substance and effect to undertake and promise, in con- 
sideration of the premises, to pay to the bearer of each of said bonds, at the ex- 
piration of thirty years from the date thereof, the sum named therein in gold coin 
of the United States of America, together with interest thereon in like coin at the 
rate of four per centum per annum payable half-yearly as provided in said coupons. 
The bonds issued in pursuance of the authority hereby granted shall be known as 
“Municipal Garbage Collection Bonds,” and the interest and principal of said bonds 
shall be paid out of the Municipal Garbage Collection Fund, but the same shall be 
considered as a general obligation of the City. The bonds herein provided for and 
authorized to be issued shall be advertised and sold to the highest responsible bid- 
der. The Council may, in its discretion, reject any and all bids tendered for such 
bonds and proceed to readvertise the same when the bids are not satisfactory. The 
Treasurer of the City of Portland, Oregon, shall have the care and custody of all 
moneys received from the sale of said bonds, or otherwise, which shall be credited 
to the Municipal Garbage Collection Fund, and shall pay out the same on warrants 


of the Mayor countersigned by the Auditor of the City of Portland, and not otherwise. 
[Am. June 5, 1911, §429.] 


§ 253. EXPENDITURE OF PROCEEDS—GENERAL PROVISIONS: 


The proceeds of the sale of said bonds may be expended by the Council in the 
payment of the expenses of advertising and issuing said bonds; and the Board of 
Health* may, in pursuance of appropriations therefor, establish a Municipal Garb- 
age Collection System, and purchase all the necessary accessories therefor. The 
Council shall have the right to fix the rates which shall be charged for the collec- 
tion of garbage. The Board of Health shall have power and authority to employ, 
hire and discharge from time to time, subject to the Civil Service Rules of this Charter, 
all agents, workmen, laborers and servants, as it may deem necessary or requisite 
in the conduct, operation and magement of said Municipal Garbage Collection Sys- 
tem, and to make all needful rules and regulations for the conduct and management 
of the same, and to provide for the payment of rates monthly in advance, or other- 
wise, and to discontinue the service from any house, tenant or place when said 
garbage rate is not duly paid, or when any rule or regulation is disregarded or dis- 
obeyed, and to do any other act or make any other regulation necessary and con- 
venient for the carrying out of the power and authority given by this Charter in 


conducting said Municipal Garbage Collection System. 


[Am. June 5, 1191, §429.] 
*See §§16-17. 


[ 104 ] 


§ 254. FIXING OF GARBAGE COLLECTION RATES: 


The Board of Health* shall annually make, before the first day of January, a 
written estimate of the probable expense of maintaining and conducting said Garb- 
age Collection System during the ensuing year, and also the cost of any contem- 
plated alteration, improvement or extension thereof. Said Board of Health* shall 
ascertain and prescribe, as nearly as it conveniently can, a garbage collection rate 
for the ensuing year which will insure a sufficient income from the collection of 
garbage to pay such expenses and costs, together with the interest on said bonds, 
and a sum not exceeding three per cent of the principal of the bonds issued under 
this act to be used as a sinking. fund to redeem said bonds, and said sinking fund 
shall be invested in interest bearing bonds, preference to be given to bonds issued 
by the City of Portland. Said estimate shall thereupon be submitted to the Council. 
The Council shall not increase the expenditures proposed nor decrease the garbage 
collection rate set out therein, but it may reduce or omit any proposed items of ex- 
penditure or increase the rate to be charged for the collection of garbage. The 
Council shall, by ordinance, authorize the proposed expenditures to be paid only 
out of the said Municipal Garbage Collection Fund and shall likewise fix the garb- 
age collection rates for the ensuing year. In case of any unforeseen or great 
emergency, the Council may, by ordinance, at any time on recommendation of the 
Board of Health*, authorize further expenditures to be made out of the Municipal 
Garbage Collection Fund. All moneys collected or received by the Board of Health 
for the collection of garbage shall be deposited with the City Treasurer, who shall 
keep the same separate and apart from the other funds of the City in a fund to be 


known as the Municipal Garbage Collection Fund. 


[Am. June 5, 1911, $429.] 
*See §§16-17. 


CHAPTER 11 
Streets and Their Improvement. 


255. DEFINITION OF “STREET.” 

256. ORIGINAL ESTABLISHMENT OF GRADES. 

257. CHANGE OF GRADE—AUTHORITY OF COUNCIL. 

258. ENGINEER’S REPORT. 

259. NOTICE TO PROPERTY OWNERS AND HEARING THEREON. 

260. HEARING ON OBJECTIONS AND CLAIMS FOR DAMAGES. 

261. AWARD OF DAMAGES AND ASSESSMENT OF BENEFITS. 

262. REPEALING SECTIONS 256 TO 264, 1903 CHARTER. 

265. RAILROAD GRADE CROSSINGS. 

266. ELIMINATION OF RAILROAD GRADE CROSSINGS. 

267. CONFERENCE WITH RAILROAD ENGINEER AS TO PLAN. 

268. FILING OF PLANS—OBJECTIONS. 

269. CONSIDERATION OF PLANS—DAMAGES AND BENEFITS. 

270. APPORTIONMENT OF DAMAGES AND BENEFITS — GENERAL 
PROVISIONS. 


CN YP LN WR LR LR UR UP WR UH UR KOR COD LEM 


§ 271. FUND FOR PAYMENT OF DAMAGES. 

§ 272. PUBLICATION; REMONSTRANCES; COLLECTION OF ASSESS- 
MENT. 

§ 273. BONDING ASSESSMENTS. 

§ 274. RAILWAY COMPANIES NOT RELIEVED FROM DUTY TO PAVE. 

§ 275. REMEDY UNDER ART. III, CHAP. 4, CHARTER—NOT AFFECTED. 

§ 275a. SEWERS AND DRAINS. | 

§ 275b. SALE OF BONDS FOR. 


§ 275c. DEFINITION OF SEWER. 
§ 275%. POWER TO ELIMINATE TWO CROSSINGS IN ONE PROCEED- 
ING. 


[ 105 ] 


§ 276. COUNTY ROADS AS CITY STREETS; RELINQUISHMENT TO 
COUNTY. 

§ 277. CHARTER TO GOVERN PENDING PROCEEDINGS. 

§ 278. BONDING OF STREET IMPROVEMENTS AND SEWERS. 

§ 278%. REBONDING ASSESSMENTS. 

§ 279. DISTRIBUTION OF ASSESSMENTS BONDED. 

§ 280. GENERAL PARK ACT NOT TO APPLY. 

§ 281. NO LIABILITY FOR DEFECTIVE CONDITION OF SIDEWALKS, ETC. 

§ 282. CLAIMS FOR DAMAGES. 

§ 283. RETAINING CHARTER PROVISIONS AS ORDINANCES. 

§ 284. LOCAL IMPROVEMENT CODE. 

§ 284a. COLLECTION OF DELINQUENT ASSESSMENTS. 

§ 284b. COST OF IMPROVEMENT—ITEMS THEREOF. 


§ 255. DEFINITION OF “STREET”: 


The term “street” as used in this Charter shall be construed to include any 
street, avenue, boulevard, alley, lane, bridge, bicycle path, road, public thoroughfare 
or public way, and any land over which any right of way has been obtained or grant- 


ed, for any purpose of public travel. 
[Ch. 1903, §75; Am. May 3, 1913,. §57.] 


§ 256. ORIGINAL ESTABLISHMENT OF GRADES: 


When the Council may not have established the grade of any street or streets 
or part or parts thereof the grade of such street or streets or part or parts thereof 
may at any time be established by the Council by ordinance without taking any of 
the proceedings hereinafter provided for. 


§ 257. CHANGE OF GRADE—AUTHORITY OF COUNCIL: 


The Council shall have authority to change any grade which may have been prev-_ 
iously established, to determine the amount of damages to be paid in consequence of 
such change and make a local assessment therefor, provided, that where any 
grade shall have been established by the Council and any permanent building shall 
have been constructed upon abutting property after such establishment, for which 
building damages are claimed as hereinafter provided, no such change of grade shall 
be made without ascertaining whether any damage is sustained and providing for 
payment of such damage, as hereinafter provided. In other cases the Council shall 
determine whether or not damages to abutting property shall be considered or award- 
ed. The term “permanent building” shall include any pavement, curb, sidewalk, step, 
fence or other structure, the cost of which shall have been paid by the claimant for 
such damages or by his predecessor in title. 


§ 258. ENGINEER’S REPORT: 


Whenever the Council shall deem it expedient to change the grade of any 
street or streets or any part or parts thereof within a district continuously affected 
by such change of grade, it shall direct the Engineer to make a report thereon. The 
Engineer shall thereafter, as soon as can be conveniently done, file with the Auditor 
his report which shall show the location and nature of grade changes which in his 
judgment should be made. 


§ 259. NOTICE TO PROPERTY OWNERS AND HEARING THEREON: 


The Council shall, if it deem such report satisfactory, adopt a resolution approv- 
ing the same and declaring its intention to make such proposed change of grade, 
stating the location and nature of the proposed, change. Notice of the adoption of 
such resolution shall be published by the Auditor in the City Official Newspaper for 


{ 106 ] 


a period of five consecutive insertions. Such notice shall set forth a copy of such 
resolution and the time within which objections against such proposed change of grade 
and claim for damages may be filed in writing with the Auditor, and the time when 
said matter and objections will be heard by the Council. Objections and claims for 
damages may be filed at any time within twenty days from the first publication of 
such notice. The time for hearing shall be the next regular meeting of the Council 
following the expiration of said 20 days. The City Engineer within five days from 
the first publcation of such resolution shall cause to be posted on the street or streets 
affected by such proposed change of grade a notice headed “Notice of Change of Grade,” 
containing in legible characters a copy of the notice so published. One of such notices 
shall be posted at or near each street intersection where such proposed change of 
grade is to be made, but if no intersection is affected by such change of grade then 
the posting of one notice at or near the maximum point of change of grade shall be 
sufficient. The City Engineer shall file with the Auditor an affidavit of posting 
stating therein the date when and the places where such notices were posted. 


§ 260. HEARING ON OBJECTIONS AND CLAIMS FOR DAMAGES: 


If the Council find that the owners of more than three-fifths in area of the 
property affected have filed written objections, no further proceedings shall be taken 
for a period or six months except on a petition of the owners of more than 
half in area of such property or unless an award of damages is made to the 
owners of property injuriously affected. The Council may determine at such hearing 
what property is injuriously affected by such proposed change and what property 
is specially benefited thereby. All claims for damages shall be verified and shall set 
out the facts upon which such claim is based and the amount thereof. If the Council 
find that the objectors do not represent three-fifths in area of the property affected 
injuriously and beneficially or if the Council determines to ascertain and award 
damages to the owners of property injuriously affected, it shall have jurisdiction 
to make such change of grade. If the Council find that no claim for damages has 
been presented by the owner of any permanent building constructd as hereinbefore 
stated and that the objections filed do not represent three-fifths in area of the prop- 
erty affected, the Council may by ordinance make such change of grade without 
awarding damages and without further proceedings. The Council may nevertheless 
determine to award damages to the owners of property injuriously affected. 


§ 261. AWARD OF DAMAGES AND ASSESSMENT OF BENEFITS: 


If the Council find that any claim for damages has been made by the owner of 
any building erected as hereinbefore stated, and, or if the Council determine to award 
damages to the owners of property injuriously affected the Council shall refer the 
matter to the City Engineer who shall thereafter make a report setting out the 
amount of damages which in his judgment should be awarded to the owner of each 
building, lot or parcel of land so injuriously affected, and a detailed assessment on 
each lot and parcel of land specially benefited according to its proportionate share 
of benefits resulting from such change. Upon the filing of such report the same pro- 
ceedings shall be taken with like force and effect as are provided in the charter for 


street opening or extension proceedings. 
[Amendment of November 7, 1922.] 


§ 262. REPEALING SECTIONS 256 TO 264, 1903 CHARTER: 


That Sections 256 to 264, both inclusive, or said charter as arranged by Ordi- 
nance No. 29350 be and the same are hereby repealed, but this repeal shall not 
affect or impair the validity of any proceeding or act heretofore taken or done there- 
under, or which may be taken or done for the purpose of carrying out and consummat- 
ing any and all proceedings now pending. 

[Amendment of June 3, 1919.] 


[ 107 ] 


§ 265. RAILROAD GRADE CROSSINGS: 


The Council shall have the right, power and authority to determine whether any 
railroad crossing of any street or highway within the corporate limits of the City of 
Portland is dangerous, and to provide for the elimination of any grade crossing of any 
railroad on such street or highway whenever, in the opinion of the Council, it is 


necessary to eliminate the same. 
[Am. June 2, 1913, Subdiv. a, §372%.] 


§ 266. ELIMINATION OF RAILROAD GRADE CROSSINGS: 


Whenever the Council shall deem that any crossing of a railroad and street or .- 
public highway is dangerous to public safety the Council may by ordinance require 
the City Engineer to prepare plans and specifications for, and estimates of, the cost 


of making such change as will eliminate such grade crossing. 
[Am. June 2, 1918, Subdiv. b, §37214.] 


§ 267. CONFERENCE WITH RAILROAD ENGINEER AS TO PLAN: 


The City Engineer, upon being required to prepare such plans, specifications and 
estimates, shall confer with the civil engineer of the railroad company representing 
such railroad in said city for the purpose of determining upon a reasonable plan and 
method for eliminating such grade crossing, and in the event that said City Engineer 
is unable to agree with the Engineer of such railroad company as to said matter, the 
City Engineer shall thereupon proceed to determine upon a proper and reasonable 
plan and method of eliminating said grade crossing: Provided, however, that in the 
event two or more railroads, or one or more interurban or urban car line or lines 
are affected by such proposed change of grade the City Engineer shall confer with 
the civil engineer of each of such companies for the purpose of determining upon a 
reasonable plan or method of eliminating such grade crossing: Provided, further, 
that! in the event the City Engineer shall be unable to agree with such engineers 
he shall proceed to determine on a reasonable plan for the elimination of such grade 
crossing: and, provided, further, that in the event such civil engineers, or any of 
them, shall neglect to confer with the City Engineer after ten days’ notice in writing, ° 
the City Engineer shall proceed with the preparation of such plans, specifications and 


estimates without such conference. 
[Am. June 2, 19138, Subdiv. c, §372%.] 


§ 268. FILING OF PLANS—OBJECTIONS: 


When a plan is determined upon as herein provided the City Engineer shall file 
with the Auditor as his earliest convenience, and within such time as may be fixed by 
the Council by ordinance, the report on such matter, with the necessary plans, speci- 
fications and estimates of the cost thereof, and upon the filing thereof the Auditor 
shall immediately notify in writing the railroad, interurban or street railway com- 
panies interested of such filing, and each of such companies shall have thirty days from 
the date of the receipt of such notice within which to file with the Auditor objections 
thereto, or to propose modifications thereof, or to file other or different plans and 
specifications, together with the estimates of the cost thereof: Provided, however, 
that the City Engineer shall not neglect the filing of plans, specifications and esti- 
mates therefor because of the inability of the engineers of such companies to agree, 
or their failure or neglect to confer with him in regard to the same or their neglect 
to attend such conference as the City Engineer may call. 


[Am. June 2, 1913, Subdiv. d, §3872.14] 


§ 269. CONSIDERATION OF PLANS—DAMAGES AND BENEFITS: 


The Council, at any regular meeting held within three months after the expira- 
tion of said thirty-day period mentioned in Section 268 hereof, shall consider the re- 
port, plans, specifications and estimates filed, and may refer the same to a com- 


[ 108 ] 


mittee thereof, in which event the Auditor shall give five days’ notice in writing to 
the company or companies interested when such committee will consider said matter, 
which notice must be mailed to such company or companies, and at the time speci- 
fied said company or companies may attend and be heard thereon, and thereafter 
such committee shall make its report containing its findings and recommendations to 
the Council, and thereafter the Council shall select from said plans so submitted the 
plan and method for eliminating said grade crossings and adopt specifications there- 
for, or dismiss said proceedings. Upon the determination by the Council of the man- 
ner of eliminating such grade crossing if it appear that a change of grade be re- 
quired upon any portion of such street or road, it shall determine whether such grade 
shall be changed with or without considering damages to adjacent property. If it 
determine to consider damages to adjacent property it shall require the City Engi- 
neer to determine and report to the Council the amount of damages which such 
property may sustain by reason of the change of such grade. The basis for the 
determination of such damages shall be the depreciation, if any, in the market value 
of such property on account of such change of grade, and in reckoning such deprecia- 
tion of the market value the City Engineer shall take into account the benefits, if 
any, and the effect which such proposed improvement will have upon the market 
value of such property, and also the probable amount of the assessment which may 
be placed against such property on account of the making of such improvement. The 
City Engineer shall, at his earliest convenience, file with the Auditor a report in 
writing setting forth the amount of damages which the owners of the lots, blocks 
and parcels of land affected by such change of grade will, in his opinion, sustain 


thereby. 
[Am. June 2, 1918, Subdiv. e, §372%.]| 


§ 270. APPORTIONMENT OF DAMAGES AND BENEFITS—GENERAL PROVI- 
SIONS: 


Upon the filing of such report the Auditor shall forthwith publish in the city 
official newspaper a notice that such report has been filed and shall state the amount 
of damages sustained by each property owner, specifying the property for which such 
damage is allowed. Such notice shall be published for four consecutive insertions in 
the city official newspaper. ‘Said notice shall also state the date when said report 
of the City Engineer will be heard by the Council, which date shall be not less than 
five days from the date of last publication of such notice, and shall further state. 
that objections thereto may be made in writing and filed with the Auditor at any 
time prior to the day of such hearing. At the time fixed for such hearing the Coun- 
cil shall hear and consider said report and all objections and remonstrances thereto, 
or may refer the same to any committee which shall further consider the same, hear 
all evidence offered and report thereon to the Council, and at any time thereafter the 
Council shall determine the amount of damages to be awarded to any or all persons 
on account of such change of grade. An appeal may be taken from the act of the 
Council to the Circuit Court of the State of Oregon for the County of Multnomah, but 
such appeal shall be prosecuted within twenty days after the determination of the 
damages, if any, by the Council. Such appeal shall be taken by serving notice of 
appeal upon the City Attorney and filing the same with proof of service, together 
with an undertaking with one or more sureties who shall have the qualifications of 
sureties on appeal from the Circuit Court to the Supreme Court, and if excepted to 
shall justify in like manner, conditioned that such appellant will pay all costs and 
disbursements that may may be awarded against him on appeal. The City of Port- 
land shall be considered the plaintiff and such appeal shall be conducted and be heard 
and determined, as far as practicable, in the same manner as an action at law. The 
jury shall view the property in question and its verdict shall be final and conclusive 
determination of the question of damages. The cost of making such change and 
improvement determined upon by the Council, or by the jury on such appeal, shall be 
apportioned as follows: Sixty per cent thereof shall be paid by the railroad com- 
pany owning or controlling such railroad at such crossing, and twenty per cent thereof 


[ 109 ] 


by the City of Portland from its Special Bridge Fund, and twenty per cent thereof 
shall be assessed against the property benefited thereby and comprised within a 
district to be fixed or determined upon by the Council and in arriving at the cost 
of such change and improvement the raising or lowering of the track or tracks in- 
volved shall not be included in said percentage to be paid by said City and by the 
property in said improvement district except as to the extent embraced within the 
boundaries of such street or highway, but all other costs and expenses including the 
abutting property damaged shall be included, and whenever said street or highway 
is occupied or used by another railroad, street railway, interurban or urban railway 
company or companies, or whenever said street crosses more than one railroad and 
the same are embraced and included within the same improvement, then sixty per 
cent to be paid by such railroad shall be apportioned among all the railroads, street 
car and interurban railway companies affected by such change, and in addition to 
such sixty per cent so to be apportioned among said companies, the cost and expense 
resulting from the raising or lowering of the tracks of said companies, or any of 
them, shall be likewise apportioned among all of said companies, but the proportion 
of said sixty per cent and of such additional cost of raising or lowering the grades 
or tracks to be borne by each of said respective companies shall be determined by the 
Council unless said interested companes within thirty days after the final determina- 
tion of the Council ordering said improvements shall file with the Auditor their 


mutual agreement thereon. 
[Am. June 2, 1913, Subdiv. f, §37214.] 


§ 271. FUND FOR PAYMENT OF DAMAGES: 


In case of the allowance of damages to adjacent property, by reason of such 
change of grade the City shall, upon final determination of the amount to be awarded 
to €éach property owner as soon as can reasonably be done, transfer from the Special 
Bridge Fund of the City, or any other available fund, to the special assessment fund 
to be created as hereinafter provided, an amount sufficient to pay all such awards 
of damages, and thereupon warrants shall be drawn in favor of the various parties 
entitled thereto, in the respective amounts awarded, which warrants shall be payable 
upon demand, together with interest thereon from the date thereof at the rate of six 
per cent per annum, and shall be delivered to such persons upon their application 
therefor as hereafter provided; and from the time that such warrants are drawn such 
city shall have power and authority to proceed with the making of such changes and 
improvements, but none of such warrants shall be delivered until all such property 
owners, who have been allowed damages, file their written acceptance of such allow- 
ance, or the time for contesting the same shall have expired without any contest, or 
until any and all contests shall have been finally determined. The advancement herein 
provided for, together with interest thereon at the rate of six per cent per annum 
from the date thereof, shall be deemed a part of the cost of such alteration and im- 
provement and shall be included in the apportionment hereinbefore specified, and the 
amount of such advancement, together with interest as aforesaid, shall be returned 
to the fund from which the same was advanced, excepting, however, twenty per cent 


thereof which is to be borne and discharged by said City as above rrovided. 
[Am. June 2, 1913, Subdiv. g, §37214.] 


§ 272. PUBLICATION; REMONSTRANCES; COLLECTION OF ASSESSMENT: 


The Council shall, before adopting plans and specifications for such work, by 
resolution describe the property benefited thereby and to be assessed for the portion 
of the cost thereof above specified, and notice of the adoption of such resolution shall 
be given in the same manner as is stated in Section 376* of said Charter, and re- 
monstrances may be made by property owners, but such property owners shall not 
have the right by remonstrance to veto or defeat such proposed improvement. Said 
remonstrance shall be filed with the Auditor within the time to be fixed by said reso- 
lution and upon the expiration of such time the Council shall determine whether or 
not to proceed with said matter. If it determine to proceed it shall by ordinance fix 


[ 110 ] 


such assessment district and fix the time and manner of making such change and im- 
provement and adopt plans and specifications therefor as provided by paragraph e 
(Section 269) of this Act. A contract or contracts for the doing of such work and 
the furnishing of such material as may be necessary under the plans and specifica- 
tions therefor adopted for the purpose of making such change and improvement shall 
thereupon be made, which contract shall be awarded, entered into and the work in- 
spected and accepted and the assessment of that portion of the cost assessable against 
the property within the assessment district made in the same manner and with the 
same effect as is or may be provided by charter for street improvements, but such 
contract shall not embrace the work of raising or lowering the railroad tracks be- 
yond the marginal lines of the street or highway. Assessments made as herein pro- 
vided shall be entered in the Docket of City Liens in the same manners as is or may 
be provided by the Charter for the collection of street assessments and the amount 
to be paid by said railroads, street railways and urban companies shall also be enter- 
ed in the Docket of City Liens and shall constitute a lien against any real property 
of each of such companies in the City of Portland including its rights of way, depots, 
freight yards and stations and if any such company or companies fail to pay or bond 
the same within the time provided for paying or bonding assessments for street im- 
provements, the City may proceed by mandamus to require the payment thereof, 
or may proceed to collect the same by a suit or action or in the same manner as other 
assessments are or may be collected as provided by the Charter in the matter of the 


collection of delinquent street assessments or by any and all of such methods. 


[Am. June 2, 1918, Subdiv h, §37214.] 
*Retained as Ordinance. 


§ 273. BONDING ASSESSMENTS: 


Any and all persons whose property may have been assessed for such improve- 
ment, including such company or companies, shall have the right to bond such as- 
sessments in the same manner as is or may be provided by the Charter for bonding 
assessments. No formal proceedings shall be required or had relative to changing 
the grade of such road or street further than herein specified, and upon the completion 
of such improvement, the grade of such road or street shall be duly altered and 
changed in accordance with the grade established by the provisions of this act, and 


the City Engineer shall make suitable record thereof. 
[Am. June 2, 1913, Subdiv. i, §37214.] 


§ 274. RAILWAY COMPANIES NOT RELIEVED FROM DUTY TO PAVE: 


Nothing in this act shall impair the right of the City of Portland to require any 
street car company or companies or railroad company or companies, having a fran- 
chise on any such street or road to pay for the cost of paving and improving such portion 
of such street or road as may be provided by the franchise of such company or 


otherwise. 
[Am. June 2, 1913 Subdiv. j, §37214.] 


§ 275. REMEDY UNDER ART. III, CHAP. 4, CHARTER NOT—AFFECTED: 


The remedy provided by Sections 365 to 872, inclusive, of Article III, Chapter 
VI of the Charter*, providing for the establishment and change of grades shall in no 
manner be affected by this act, but the provisions of this act shall be construed as 
an additional remedy thereto and shall apply only to the elimination of railroad grade 


crossings on public streets and highways. 


[Am.June 2, 1913, Subdiv. k, §87214.] 
*Retained as Ordinances. 


§ 275a. SEWERS AND DRAINS: 


The Council is hereby authorized and empowered to take such action and pro- 
ceedings from time to time as it may deem necessary for the construction of any 
sewer and/or drain jointly with any county or counties within which the City of 


[111] 


Portland is or may be wholly or partially situated or with which the boundary of 
the City of Portland is or may be adjoining or contiguous; to levy and collect special 
assessments of benefits therefor; to enter into an agreement or agreements with 
such county or counties with reference to the construction, maintenance and use: of 
every such sewer or drain and paying the cost thereof; to issue bonds for the pur- 
pose of financing that portion of the cost which may be agreed upon as chargeable 
to property outside of the City and to do all other things necessary or proper to be 
done in order to provide for the construction of sewers and/or drains partially within 
and partially without the City of Portland, or wholly within the City or wholly 
without the City when the design, plan or method of construction will render the 
same beneficial to property both within and without the limits of the City; and to 
do and perform all such acts as are necessary to carry into effect the provisions 
of Chapter 293 of the General Laws of Oregon, 1917. 


§ 275b. SALE OF BONDS FOR: 


The issuance and sale of such bonds may be made from time to time after the 
construction of any such sewer or drain has been authorized, and each of such bond 
issues shall be limited in amount so as not to exceed the portion of the cost of such 
sewer or drain which may be agreed upon with such county or counties as the 
amount justly and equitably to be borne by the property lying beyond the limits of 
the City of Portland for the construction of such sewer or drain. Such bonds shall 
not be issued for a longer period of time than twenty years. No such bonds shall 
be issued when the same,together with similar bonds outstanding, will exceed $500,- 
000.00. They shall be general obligations of the City of Portland. In lieu of issuing 
bonds the Council may provide for the financing of a part or all of the portion of 
the cost which may be agreed upon as chargeable to property outside of the City 
from the fund raised from the tax ‘for the construction of bridges elsewhere than 
across the willamette River, the filling of streets across gulches and ravines and the 
construction of overhead or underground crossings across railroad tracks.’ The 
Council shall have the right and authority to levy and collect an assessment against 
the property benefited by any such sewer or drain and lying beyond the City limits 
whenever such property shall be included within the City limits if no previous as- 
sessemnts therefor shall have been made on such property and to apply the money so 
collected to the payment of such bonds, or to reimburse the City for any payment 
thereof, or expenditure or advancement for such sewer or drain, and any agree- 
ment with such county or counties may provide for the levy and collection by such 
county or counties of an assessment against such property whenever such sewer or 
drain shall be of immediate benefit to such property, or may be of benefit thereto by 
reason of the construction of any extension, lateral, branch, or otherwise. 


§ 275¢ DEFINITION OF SEWER: 


The word ‘sewer’ as used in the two previous sections shall embrace and in- 
clude all trunks and extensions thereof, pipes, ducts, laterals, branches, manholes, 
lamp holes, catch basins, pumping stations and apparatus therefor, sewerage dis- 
posal structures and apparatus therefor, septic tanks and all other structures, ap- 
paratus and things which may be reasonably necessary or proper for a complete 
sewerage and drainage system and for the disposal of sewage, and also the relaying, 
repairing, reconstruction or renewing thereof. The term ‘drain’ as used in this act 
shall embrace and include all ditches, canals, ducts, pumping stations, gates and all 
other apparatus, structures and devices which may be reasonably necessary or proper 


for drainage purposes. 
[Amendment of June 4, 1917.] 


§ 2754%.. POWER TO ELIMINATE TWO CROSSINGS IN ONE PROCEEDING: 
The Council shall have the right, power and authority under Sections 265 to 
Mli2 | 


275, both inclusive, to provide in one proceeding for the elimination of the grade 


crossings of two or more streets with any railroad or railroads in a district. 
[Amendment of June 7, 1915.] 


§ 276. COUNTY ROADS AS CITY STREETS; RELINQUISHMENT TO COUNTY: 


All county roads lying within the limits of the City of Portland, which have 
not been laid out or accepted as streets by the authority of said City, shall remain 
and be county roads until they shall be laid out or accepted by said authorities as 
streets, and be under the jurisdiction of the County Court of Multnomah County, 
Oregon, and shall be worked, maintained and improved as county roads outside the 
limits of said City are worked, maintained and improved. 

The Council may by resolution, upon order of the County Court signifying its 
willingness to accept the same, relinquish for the purpose of working or improving 
the same, to the county, control of all that part between the curb lines of any street 
connecting with the county road. Thereupon such street shall, to that extent, be 
under the control of the County Court and shall be worked and improved in like 
manner as county roads until such time as the County Court relinquishes jurisdiction 


of the street. 
[Ch. 1908, §422.] 


§ 277. CHARTER TO GOVERN PENDING PROCEEDINGS: 


Nothing in this Charter shall affect in any way the validity of any proceedings 
pending at the time that it shall take effect for the opening, widening, laying out or 
establishing of any street, or for the change or establishing of any grade thereon, 
or making any kind of street improvement, or for the construction of any drain or 
sewer, and the levy and collection of assessments therefor, but such proceedings that 
shall have been taken shall be deemed to be regularly and legally taken and all such 
- proceedings thereafter, of whatever nature, shall be proceeded with and enforced in 


accordance with and by virtue of the provisions of this Charter. 
[Ch. 1908, §423.] 


§ 278. BONDING OF STREET IMPROVEMENTS AND SEWERS: 


Whenever the Council of the City of Portland or other competent authority 
shall have proceeded to improve any street or streets or any part or parts thereof, 
or to lay or reconstruct any sewer within the corporate limits, and shall have assessed 
the cost of such improvement or sewer to the property benefited thereby and liable 
therefor according to the provisions of its Charter and Ordinances, it shall be law- 
ful for the owner of any lot, part of lot, parcel of land or other property so assessed 
for such improvement or sewer in the sum of five dollars ($5) or more, at any time 
within twenty (20) days after notice of such assessment is first published to file 
with the Auditor of the City of Portland a written application to pay said assess- 
ment in installments, and such written application shall state that the said property 
owner thereby waives all irregularities and defects, jurisdictional or otherwise, in 
the proceedings to improve said street or lay said sewer, and in the apportionment of 
the cost thereof. Said application shall contain a provision that the said property 
owner agrees to pay said assessment in twenty-semi-annual installments, with inter- 
est on all installments at the same rate as that expressed in the bonds issued to pay 
for such improvement or sewer. Said application shall also contain a statement by 
lots, blocks or other convenient description of the property of the applicant assessed 
for such improvement or sewer. No application as aforesaid shall be received or 
filed by the Auditor if the amount of such assessment, with any previous assessment 
or assessments for street improvement or sewer construction against the same 
property and remaining unpaid shall equal or exceed the valuation of said property 
as shown by the last tax roll of the county; provided, that application for such bond- 
ing shall be received by the Auditor in cases where the amount of the assessment, 
together with the previous assessments for street improvements or sewers against 
the property (and remaining unpaid) shall exceed the valuation of said property as 


Pris] 


shown by the last tax roll of the county, if the owner shall, before making such ap- 
plication, pay in cash into the treasury of the City such excess of unpaid assessments 
over the valuation as shown by such last tax roll. 


The owners of a majority of the property so assessed may select a competent per- 
son to inspect such improvement under the direction of the City Engineer. 


The Auditor shall keep all such applications for bonding in convenient form for 
examination, and the applications received for each street improvement and each 
sewer shall be separate. 

After the expiration of the time for filing applications for the payment of as- 
sessments for improvement of streets or laying of sewers by installments as herein 
provided, the Auditor shall enter in a docket kept for that purpose, under separate 
heads for each street or sewer, by name or number, a description of each lot, part of 
lot or parcel of land or other property against which the assessment is made or which 
bears or is chargeable for the cost of such improvement or sewer, and the name of 
the owner and the amount of the assessment for which application to bond has been 
duly filed; the date of entry in each particular case to be the same as the date of 
entry in the original lien docket. Such docket shall stand thereafter as a bond lien 
docket as for taxes assessed and levied in favor of the City and for the amount of 
such unpaid assessments therein docketed with interest on said unpaid assessments at 
the rate fixed in the bond but not exceeding six per cent per annum against each lot, 
part of lot or parcel of land or other property, until such assessments and interest 
are paid in the manner hereinafter provided. All unpaid assessments and interest 
shall be and remain a lien upon each lot, part of lot or parcel of land or other prop- 
erty respectively in favor of the City, and such lien shall have prority over all 
other liens and incumbrances whatsoever. 

When such bond lien docket shall be made up as hereinbefore provided, as to 
the assessments for improvement of streets or laying of sewers, the Council shall 
by ordinance authorize the issue of bonds in convenient denominations, not exceed- 
ing one thousand dollars ($1,000) each and in all equal to the total amount of the 
unpaid assessments for such street improvements and sewers and for which ap- 
plications to pay under the provisions of this act have been filed as shown by said 
bond lien docket, and such bonds shall by the terms thereof mature in ten years from 
the date thereof and be payable in gold coin of the United States and bear interest 
not to exceed six per cent per annum, interest payable semi-annually, said interest to 
be evidenced by coupons attached to said bond or bonds, provided the right to take up 
and cancel such bond or bonds upon payment of the face value thereof, with the 
accrued interest to the date of payment, upon the first day of any month at or after 
the period of three years from the date of such bond or bonds, shall be and is hereby 
vested in the City and the bonds shall be redeemed consecutively by number, com- 
mencing with the lowest outstanding number. Notice that certain bonds are to be 
taken up and cancelled as aforesaid and that the interest thereon shall cease on the 
first day of the month next following the publication of such notice, shall be published 
in the City Official Newspaper not less than twice during the month preceding said 
date of payment and after said date of payment interest upon the bonds designated 
in such notice shall cease. Such bonds before issuance shall be signed by the Mayor, 
countersigned by the Auditor and authenticated by the seal of the City affixed 
thereto, and shall be registered consecutively by number and denomination of each 
in a book to be kept by the Auditor and accessible to the Treasurer, and known and 
designated as the Improvement Bond Register. Each of such bonds, whether issued 
for the improvement of streets or the laying of sewers, shall have distinctly and 
plainly inscribed or printed on the face thereof the registered number of said bond 
and the words “Improvement Bond” with the name of the City of Portland. Such 
bonds shall be advertised for sale and: sold for the highest price obtainable, but not for 
less than par and accrued interest, except that the City may purchase such bonds 
under the provisions of Section 192 of the Charter, as codified and arranged by Ordi- 
nance No. 29350, passed by the Council August 19, 1914, and the proceeds thereof 
shal] be paid by the purchaser to the Treasurer of the City, and the par value thereof 


[ 114 ] 


shall be credited to the respective street improvement and sewer funds for which said 
bonds are issued, and the accrued interest and premium accruing from the sale of 
said bonds shall be credited to the general fund of the City, the fund from which jn- 
terest is paid on street and sewer warrants or the improvement bond sinking fund, as 
the Council shall direct. 


Thereafter there shall be due and payable semi-annually for ten successive years 
to the Treasurer of the City by the owner of each lot, part of lot, parcel of land or 
other property assessed for the improvement of any street or streets or part or parts 
thereof or the laying of any sewer, whose application to pay the cost of such im- 
provement or sewer by installments has been filed as herein provided, five per cent 
of the cost of such improvement or sewer assessed against the property of such owner 
as appears by the bond lien docket, together with the amount of six months’ interest 
at the same rate per annum on unpaid assessments or installments as the interest rate 
expressed in the bond issued for such improvement or sewer. The first payment 
aforesaid shall be due and payable at the expiration of six months from the date of 
Said assessment in the original lien docket and subsequent payments at the expira- 
tion of each six months thereafter. Should such owner or owners neglect or refuse 
to pay such sum or sums aforesaid as the same shall become due and payable for a 
period of twenty (20) days, then the whole amount of said installments remaining 
unpaid shall immediately become delinquent and shall be collected in the same man- 
ner and with the same penalties as delinquent street or sewer assessments are col- 
lected; provided, that at any time before the property is sold as herein provided, the 
Owner or owners may pay a delinquent installment or intallments with interest there- 
on as herein provided, together with the cost of advertisement or advertisements, and 
a penalty of five per cent on the entire unpaid assessment from the date of the earliest 
delinquent assessment to the date of payment, whereupon the remaining installments 
under said assessment shall be payable as though no delinquency had occurred. It 
shall be the duty of the Auditor to make and deliver to the Treasurer of the City a 
copy of the bond lien docket, and the Treasurer shall thereupon make the proper ex- 
tensions of installments and interest on said bond lien docket and notify the owner 
or owners of property that the installments aforesaid and /or interest are due and 
payable, but a failure of such owner or owners to receive such notice shall not be 
taken nor held to prevent the collection of installments and/or interest as herein pro- 
vided. 


The Treasurer shall issue a receipt for such installments and interest and shall 
file duplicates of said receipts with the Auditor daily and shall make proper en- 
tries of the same showing the amount of each payment and the date thereof; pro- 
vided, however, that at any time after issuance of such bond or bonds any owner at 
the time of any such lot, part of lot, parcel of land of other property against which 
such assessment is made and docketed may pay into the City Treasury the whole 
amount of such assessment for which such lien is docketed, together with the full 
amount of interest and costs accrued thereon to the date of payment, and upon pro- 
ducing to the Auditor the receipt of the Treasurer (which receipt shall not only 
state the amount of such payment, but also a description of the lot, part of lot, parcel 
of land or other property upon which such payment is made), he shall enter in such 
lien docket opposite the entry of the lien therein the amount of such payment and 
the date thereof. 


The Treasurer shall keep an account of funds paid upon bonded improvements 
Separate and apart from other funds of the City and the amount of such funds paid 
on account of installments and interest upon unpaid installments shall be placed to 
the credit of funds to be known and designated as “Improvement Bond Sinking 
Fund” and “Improvement Bond Interest Fund,” respectively, which funds shall be 
a continuation of the present funds of the same name and shall be ap- 
plied respectively to the payment of improvement bonds heretofore issued and 
interest thereon, in accordance with the terms of such bonds, and _there- 
after to the payment of bonds and interest issued hereunder, and any moneys 
received under the law heretofore existing on account of installments and 


[115] 


interest due thereon shall be applied to the redemption of bonds under this act and 
the payment of interest thereon; provided, that whenever there is an excess in the 
Improvement Bond Interest Fund such excess may be transferred to the general 
fund to provide for the repayment of money previously advanced to said fund by 
the general fund. The amount placed to the credit of the improvement Bond Sinking 
Fund shall from time to time, under the direction of the Council, be deposited in a 
bank, subject to the provisions of Section 298 of the Charter of 1903, retained 
as an ordinance, or by investment in or used for the purchase of improvement bonds 
of the City at par. In the purchase of improvement bonds, accrued interest thereon 
shall be paid out of the Improvement Bond Interest Fund and all interest received 
by the Treasurer on account of coupons shall be placed to the credit of the Improve- 
ment Bond Interest Fund and interest due on improvement bonds shall be paid 
out of the Improvement Bond Interest Fund. 

All bonds purchased by the City shall be held by the Treasurer as a sinking 
fund and shall be sold by direction of the Council when required for the redemption 
of bonds previously issued as they shall become due and payable. 

Entries of payments of installments, interest and costs made under the pro- 
visions of this act shall operate as a discharge of such lien to the amount of such 
payment and from the date thereof. 

No obligation incurred by the City by virtue of this section of the Charter 
shall be deemed or taken to be within or any part of the limitations by law as to 
indebtedness. 

At any time after the bonds which may be issued hereunder shall become pay- 
able, if not sooner taken up and cancelled as hereinbefore provided, the City may 
redeem such bonds and to that end shall redeem the same consecutively by num- 
ber, commencing with the lowest outstanding number of such bonds, and shall give 
notice of the readiness of the City to redeem by publication in the City Official 
Newspaper once each week for two successive weeks, giving therein the number of 
the bonds which will be redeemed and the time at which such redemption will be 
made, and after such time so fixed for redemption no interest shall accrue or be- 
come payable on such bonds so notified for redemption. 

Section 3. That the method provided by Section 2 of this act for the issuance 
and sale of bonds for the improvement of streets and laying of sewers and the pay- 
ment of the cost of such improvements and sewers by installments, shall be the only 
method employed by said City from and after the first day of July, 1915, and all 
laws and parts of laws in conflict with this act are hereby repealed; provided, how- 
ever, that this act- shall in no way affect the provisions of said Charter for the 
issuance and sale of bonds for the changing, laying out or establishing of streets 
as provided for by Sections 256 to 264, both inclusive, of the Charter as codified 
and arranged by Ordinance No. 29350 passed by the Council August 19, 1914. 

[Amendment of June 7, 1915.] 


§ 278%. REBONDING ASSESSMENTS: 


It shall be lawful, the Council of the City of Portland first approving by a four- 
fifths vote, for the owner of any property which has been assessed for a local im- 
provement prior to July 1, 1915, in cases where such assessment has been bonded 
and entered in the Bond Lien Docket and the same has not been fully paid, to file 
with the Auditor on or before June 1, 1923, an application for rebonding in an 
amount not exceeding one-half (1%) of the original assessment and the Auditor 
shall have authority to accept such application in cases where the amount to be 
rebonded is $10.00 or more upon each such lot, tract or parcel of land or other 
property; provided, the owner shall tender and pay with such application all amounts 
in excess of the amount hereby allowed to be rebonded, including accrued interest 
and penalties, and provided that the applicant shall produce evidence satisfactory 
to the Auditor showing that all general taxes have been paid. The amount of the 
assessment, to be rebonded shall constitute a new principal and shall be paid in 
five equal annual installments with interest thereon at the rate expressed in the 


[ 116 ] 


bonds issued on account of such assessments. All such applications shall be pre- 
served by the Auditor as original bonding applications and shall be of the same 
form, and the Auditor shall enter such amounts for which such rebonding applica- 
tions may have been made in the Bond Lien Docket. The Council shall have power 
and authority, from time to time, to issue and sell improvement bonds of the City of 
Portland on such applications in an amount not exceeding the total amount thereof. 
The proceeds from the sale of said bonds shall be applied as follows: (a) The amount 
herein provided to be rebonded shail be placed to the credit of the Improvement Bond 
Sinking Fund and (b) the balance of the proceeds of such sale shall be placed to the 
credit of the Improvement Bond Interest Fund. 

The amounts of money herein provided to be. paid in excess of the amount to 
be rebonded shall be paid in reduction of the original assessment and shall be 
placed to the credit of the Improvement Bond Sinking Fund and the penalties and 
interest thereof shall be placed to the credit of the Improvement Bond: Interest Fund. 

The bonds herein provided for shall not be counted as a part of the debt limit of 
the city. A penalty of one per cent. per month on the whole amount shall be 
charged in case of any delinquency of any installment to be paid by the property 
owner as herein provided; provided that such penalty shall not exceed six per cent. 

Except as herein otherwise provided, Section 278 of the charter shall apply 
to such applications, to the form, issuance and sale of improvement bonds thereon, 
to the matter of paying the amount entered in such Bond Lien Docket and to the 
redemption of such improvement bonds. The Council shall have authority by ordi- 
nance to provide such regulations and rules as may be needed for accepting bond- 
ing applications, issuing bonds and otherwise carrying out the provisions of this 


section. 
[Amendment of November 7, 1922.] 


§ 279. DISTRIBUTION OF ASSESSMENTS BONDED: 


In case a tract or parcel of land is bonded for any public improvement, the Council 
is authorized upon a written application when such tract is afterwards subdivided 
to apportion the lien of indebtedness standing against the whole tract, upon the 
different lots, and is authorized to release a lot or lots, upon the payment or rebond- 


ing, from all liens except the amount thus apportioned against such lot or lots. 
[Am. May 3, 1913, §108.] 


§ 280. GENERAL PARK ACT NOT TO APPLY: 


The act of the Legislative Assembly of the State of Oregon entitled “An Act 
to Provide for Park Commissioners and the acquisition of land for parks and the 
management thereof, approved February 17, 1899,” shall not nor shall any of its 


provisions apply to the City of Portland incorporated under this act. 
[Ch. 1903, §424.] 


§ 281. NO LIABILITY FOR DEFECTIVE CONDITION OF SIDEWALKS, ETC.: 


No recourse shall be had against the city for damage or loss to person or 
property suffered or sustained by reason of the defective condition of any side- 
walk, street, avenue, lane, alley, court or place, or by reason of the defective condi- 
tion of any sewer, or by reason of any defective drainage, whether any of said de- 
fects originally existed, or whether they were occasioned by construction, excava- 
tion or embankment; nor shall there be any recourse against the city for want of 
repair of any sidewalk, street, avenue, lane, alley, court or place, or by want of 
repair of any sewer; nor shall there be any recourse against the city for damage 
to person or property suffered or sustained by reason of accident on sidewalk, 
street, avenue, lane, alley, court or place, or by falling from any embankment 
thereon or into any excavation therein; but in such case the person or persons on 
whom the law may have imposed the obligation to repair such defect in the sidewalk, 
street or public highway, or in the sewer, and also the officer or officers through 


ane) 


whose official negligence such defect remains unrepaired shall be jointly and sey- 
erally liable to the party injured for the damage sustained. 
[Ch. 1903, §8.] 


§ 282. CLAIMS FOR DAMAGES: 


Every claim for damages against the City must be presented to the Council 
and filed with the Auditor within six months from the taking effect of this Charter 
or within six months after the time when such claim for damages accrues; other- 
wise there shall be no recovery on any such claim. No ordinance shall be passed al- 
lowing any such claim, or any part thereof, or appropriating money or other prop- 
erty to pay or satisfy the same, or any part thereof, until such claim has been 
referred to the proper department, nor until such department has made its re- 
port to the Council thereon pursuant to such reference, unless judgment has been 
rendered on such claim. No action shall be maintained against the City for any 
claim for damages until the same has beén presented to the Council and filed 
with the Auditor as above set out and sixty days have elapsed after such presen- 


tation. 
[Ch. 1908, §9.] 


§ 283. RETAINING CHARTER PROVISIONS AS ORDINANCES: 


That so much of Sections 167 to 268 and 287 to 305, both inclusive, and of Sec- 
tions 328 to 345, both inclusive (Charter of 1903), as is not inconsistent with the 
provisions of this Charter shall remain in effect as ordinances only subject to re- 
peal or amendment by the Council in like manner and with like effect as other 


ordinances passed by the Council. 
[Am. May 3, 1913, §96.] 


§ 284. LOCAL IMPROVEMENT CODE: 


That so much of Sections 346 and 347, 348, 349 and 350 as heretofore amended, 
and of Sections 362 to 421, both inclusive, of the Charter of 1908, as is not incon- 
sistent with the provisions of this Charter shall remain in full force and effect as 
ordinances only subject to repeal and amendment and to the enactment of new 
legislation by the Council in the manner and subject to the restrictions in this 
Section provided upon the subject of improvements of whatever nature to be paid 
for by local assessment. Such Sections shall be known as the Local Improvement 
Code. No repeal of any portion thereof, amendment thereto nor new legislation up- 
on the subject shall be made by the Council except by ordinance which shall be 
published in full and in its final form in the City Official Newspaper at least thirty 
days before its final passage. Notice shall be given in the City Official Newspaper 
and by publishing conspicious advertisements in one or more daily papers pub- 
lished in the City of Portland having a circulation of not less than 1500 not less 
than five times, the last of such notices to be published not less than ten days before 
the final adoption of any such amendment, repeal or new legislation. Upon the 
adoption of any amendment to or the repeal of any part of such Local Improve- 
ment Code or the adoption of any new legislation upon the subject, the whole Local 
Improvement Code shall be printed in pamphlet form and the Auditor shall be 
furnished with a sufficient number of copies thereof for distribution to all persons 
inquiring for the same. The Council, in the exercise of its general legislative pow- 
ers, may provide in its discretion for the performance of any public work by or 
on behalf of the City and for the method of payment thereof, but said Local Improve- 
ment Code must provide for the giving of not less than ten days’ notice by publica- 
tion, or by mailing to persons interested, (a) of the intention to make any improve- 
ment, and (b) of any proposed assessment against property owners for the same, and 
the right shall be preserved to the owners of sixty per centum in extent of the prop- 
erty affected by any assessment for a local improvement except for street opening 


or sewers to defeat the same by remonstrance. 
[Am. May 3, 1913.] 


[113 ] 


§ 284-a. COLLECTION OF DELINQUENT ASSESSMENTS: 


For the purpose of providing an additional method for the collection of de- 
linquent assessments, the Council is authorized from time to time to issue and dispose of 
bonds to be known as “Assessment Collection Bonds.” The amount of such bonds shall 
not exceed one million five hundred thousand ($1,500,000) dollars. Such bonds shall be 
signed by the Mayor and Auditor of the City, shall have the City seal affixed 
thereto, shall be of such denominations as the purchaser may desire of not less 
than five hundred dollars ($500.00), shall be general obligations of the City, and 
shall have attached thereto interest coupons bearing a facsimile of the signatures 
of the Mayor and Auditor. 


The Council, before selling such bonds, shall provide for advertising for not less 
_ than two weeks and selling the same to the best bidder, reserving the right to re- 
ject any or all bids. The rate of interest of such bonds shall not exceed six (6) per 
cent per annum and the life of such bonds shall not exceed twenty (20) years. 

The money realized from the sale of such bonds, after paying thereout the cost 
of advertising and selling the same shall be deposited in a special fund to be known 
as the “Assessment Collection Fund,” which shall be used under the direction of the 
Council for purchasing property by and in the name of the City at City Treasurer’s 
sale to satisfy delinquent assessments and/or at sheriff’s sale on foreclosure of de- 
linquent taxes, and protecting the interest and rights of the City in and to such 
property. All moneys derived by sale of any such property so purchased shall be 
credited to the Assessment Collection Fund. 


No certificate of sale or deed to the City shall be held void or insufficient be- 
cause of any omission, error, defect or objection, jurisdictional or otherwise, in 
the assessment or other proceedings, provided that in some stage of the proceedings 
before such assessment was made notice shall have been given, and the description 
of the property in the certificate or deed be sufficient to reasonably identify the 
same, it being intended hereby to provide a curative provision as fully as it is within 
the power of the people to enact with respect to any and all matters in and way affect- 
ing the validity of such certificate or ceed, and every such certificate of sale and deed 
shall be presumptive evidence of the regularity and sufficiency of all things per- 
taining to the validity thereof, and in any and all cases where this curative provision 
may be found insufficient, the money realized from the attempted sale shall not be 
deemed to have been applied in payment of the attempted assessment, or in any 
manner discharging the obligations of the owner or such property to bear his or its 
fair and just portion of the cost of the local improvement for which such attempted 
assessment was made, but the money realized upon such attempted sale shall be 
refunded to said “Assessment Collection Fund,” and the Council may make a re- 
assessment against such property. 


The Council shall have power (a) to renew said Assessment Collection Fund 
from time to time by selling additional bonds, subject to the restrictions and condi- 
tions in this section provided, providing the outstanding bonds, together with those 
to be issued, shall not exceed one million five hundred thousand ($1,500,000) dollars; 
(b) to provide for the sale and assignment of such certificates of sale, and assign- 
ment or conveyance of the rights of the City in and to all such property, whether 
before or after receiving deed from City Treasurer, or from the Sheriff of Mult- 
nomah County; (c) to pay all necessary real estate commissions, court costs, legal 
and clerical services and all other necessary expenses in connection with the *pur- 
chase, clearing the title to and the sale of all property acquired by the City at City 
Treasurer’s and/or Sheriff’s sale and to purchase or redeem any City. Treasurer’s 
Certificates of sale outstanding against any such property; (d) to transfer money 
from said Assessment Collection Fund to the General Fund, provided that adequate 
provision shall be made for the redeeming of all outstanding Assessment Collection 
Bonds; (e) to transfer money from the Improvement Bond Interest Fund to the Gen- 
eral Fund to reimburse the General Fund for advances that have been or may be. 
made to said Interest Fund, but no such transfers shall be made without leaving in 
said Interest Fund an amount sufficient to pay all interest maturing on Improve- 


[ 119 ] 


ment Bonds within the next two (2) months; (f) to provide for waiving the penalty 
in case redemption be made within the first six months after sale, and also to 
provide that in case of redemption be made thereafter and within the next six 
months, the penalty in excess of five (5) per cent be remitted, but no further re- 
mission shall be made; (g) to pay any bonded and/or open liens outstanding against 
any property acquired by the City under authority of this section or to cancel such 
assessments at the discretion of the Council; and (h) to enact such ordinances as may 


be needed to give full effect to this section. 
[Amendment of November 4, 1924.] 


§ 284-b. COST OF IMPROVEMENT—ITEMS THEREOF: 


The contract price based upon the estimate of the City Engineer, the costs of 
rights of way and expenses of condemning land, and the sum of six per cent of 
the contract price as the cost of engineering and superintendence, which sum shall 
not be used for any other purpose, shall be deemed to be the cost of every sewer 
and street improvement; provided, that the City Treasurer shall apply the first 
money received on account of any street or sewer improvement toward the pay- 
ment of the warrants held by the City drawn for the payment of said engineering 


and superintendence. 
[Amendment of November 4, 1924.] 


CHAPTER 12 
Miscellaneous. 


§ 285. REPEALING 1898 CHARTER. 

§ 286. EMERGENCY CLAUSE 1903 CHARTER. 

§ 287. REVISION OF CHARTER—CODIFICATION OF ORDINANCES. 

§ 288. CHARTER EFFECTIVE JULY 1, 1918. 

§ 289. CERTAIN NOMINATIONS VOID. 

§ 290. CONTRACT WITH HUMANE SOCIETY. 

§ 292. DOCK BONDS. 

§ 2938. SINKING FUND. 

§ 294. FIRE STOPS. 

§ 295. PREFERENCE TO HOME MANUFACTURERS. 

§ 296. CREATION OF FUND. 

§ 297. SOURCE OF FUND. 

§ 298. CONTROLLED BY BOARD OF TRUSTEES. 

§ 299. POWERS OF BOARD. 

§ 300. CITY TREASURER CUSTODIAN AND DISBURSING OFFICER. 

§ 302. AMOUNT OF SALARY DEDUCTED FOR PURPOSE OF FUND. 

§ 3083. PENSIONS PAYABLE MONTHLY. 

§ 304. BENEFITS ON RETIREMENT. 

§ 305. BENEFITS OF TEMPORARY OR PERMANENT DISABILITY. 

§ 306. BENEFITS TO WIDOWS AND CHILDRERN OF DECEASED POLICE- 
MEN. 

§ 307. PENSIONS TO TEMPORARY POLICEMEN. 

§ 308. APPLICATION FOR PENSION. 

§ 309. APPLICATION OF PROVISIONS OF ACT. 

§ 310. PENSION CERTIFICATES. 

§ 311. FORFEITURE OF PENSION. 

§ 312. PENSIONS PRORATED WHEN FUNDS INSUFFICIENT. 

§ 313. BOOKS AND ACCOUNTS OPEN FOR INSPECTION. 

§ 314. DIVISION OF POLICE AND FIREMEN’S RELIEF FUND. 

§ 315. PENSIONS EXEMPT FROM EXECUTION. 

§ 316. DISCHARGE OF POLICEMEN. 


[ 120 ] 


§ 317. CITY ATTORNEY TO ADVISE BOARD. 
§ 318. ACTS OR PARTS OF ACTS IN CONFLICT HEREWITH REPEALED. 
§ 319. DEFINITION. 


§ 285. REPEALING 1898 CHARTER: 


The act entitled “An Act to incorporate the City of Portland and to provide.a 
Charter therefor, and to repeal all acts or parts of acts in conflict therewith,” filed 
in the office of the Secretary of State October 17, 1898, and all acts and parts of 


acts in conflict with this Charter are hereby repealed. 
[Ch. 1908, §426.] 


§ 286. EMERGENCY CLAUSE 1903 CHARTER: 


Whereas, there are several bridges upon important thoroughfares and car lines 
in the City of Portland, now old and in a dilapidated and ruinous condition, danger- 
ous to life and property; and, 

Whereas, there is an immediate necessity for the construction of new bridges 
in the place of said old ones in order to provide for the safety of the people of said 
City; and, 

Whereas, there are no ways or means by which under the present Charter of said 
City new bridges can be constructed in place of the old ones; and, 

Whereas, the foregoing Act provides ways and means available at once for the 
construction of new bridges; and, 

Whereas, there is otherwise a necessity for the immediate adoption of the fore- 
going Act to insure the health, peace and safety of the people of Portland, 

Therefore, this Act shall take effect and be in force from and after its approval 


by the Governor. 
[Ch. 1903, §427.] 


§ 287. REVISION OF CHARTER—CODIFICATION OF ORDINANCES: 


The Auditor of the City of Portland is hereby authorized to renumber the fore- 
going Sections, providing for a commission form of government, and insert the 
same in proper place in the Charter of 1903, and thereafter have the same published 
in pamphlet form. 

Immediately after this Charter goes into effect the Council shall revise, codify 
and arrange in appropriate chapters, articles and sections, the Charter and general 


ordinances of the City of Portland. 
[Am. May 8, 1913.] 


§ 288. CHARTER EFFECTIVE JULY 1, 1913: 


This Charter shall go into effect on the first day of July, 1918, except that 
the provisions hereof for election shall be in effect immediately upon its adoption 
and an election shall be held pursuant to such provisions on the first Monday in 


June, 1913. 
[Am. May 3, 1913.] 


§ 289. CERTAIN NOMINATIONS VOID: 


All nominations made under the Charter of 1903 shall become void and of no 


effect on the adoption of this Charter. 
[Am, May 8, 1913.] 


§ 290. CONTRACT WITH HUMANE SOCIETY: 


The Council may, in its discretion, make and enter into a contract with any 
association or corporation which for at least ten years shall have been organized and 
engaged in the prevention of cruelty to animals, delegating thereto upon such terms 


[-121 ] 


as may be fixed by the Council the duty and power of maintaining and operating 
a pound and enforcing in a humane way ordinances relative to the regulation, re- 
straint and disposition of dogs and domestic animals; the Council may invest agents 
and employes of said organization with all necessary police authority for the en- 


forcement of said ordinances. 


{Amendment of June 7, 1915.] , 
[Note (291) Levy for Playgrounds and Parks Provided for in Section 190.] 


§ 292. DOCK BONDS: 


The Commission of Public Docks of the City of Portland, Oregon, is hereby 
authorized in the name and under the corporate seal of the City of Portland to issue 
and dispose of bonds of the City of Portland to an amount not exceeding three 
million ($3,000,000.00) dollars of such denomination as the Commission may deter- 
mine and in such form as it may direct, with interest coupons attached thereto. Said 
bonds shall'be signed by the Mayor and countersigned by the Auditor of said City 
and each of said coupons shall have the signatures of the Mayor and of the Auditor 
of said City engraved thereon whereby the City of Portland shall be held and con- 
sidered in substance and effect to undertake and promise, in consideration of the 
premises, to pay to the bearer of each of said bonds at maturity thereof the sum 
named therein in gold coin of the United States of America, together with interest 
thereon in like coin at a rate to be determined upon by said Commission, but not to 
exceed five per cent per annum, which interest shall be payable half-yearly as pro- 
vided in said coupons. The Commission may prescribe the length of time for which 
said bonds shall run, provided that the final date of payment of any bonds issued 
under the authority hereby granted shall not exceed thirty (30) years from the 
date of such bonds. A prescribed portion of said bonds shall be redeemed each year 
beginning with the third year from the date thereof; provided, that bonds, the par 
value of which shall not exceed the sum of one hundred fifty thousand ($150,000.00) 
dollars may be made payable in any one year. Said bonds may be issued in series 
as the necessity for the expenditure of money in the progress of the work herein 
authorized may arise. Said bonds shall be known as “Municipal Grain Elevator 
Bonds of the City of Portland.” Said bonds shall be advertised and sold to the high- 
est responsible bidder, but the Commission may reject any and all bids tendered for 
the same and proceed to readvertise when bids are not satisfactory. 


The Treasurer of the City of Portland shall have the care and custody of all 
moneys received from the sale of said bonds and shall pay out the same on warrants 
of the Chairman of the Commission countersigned by its Secretary and not other- 
wise. — 

“The proceeds from the sale of said bonds may be expended by the Commission, 
(1) for the payment of the expenses of the issuance and sale of said bonds, (2) 
for the acquisition, if necessary, of land inside or outside of the city limits for the 
purposes herein set forth, either by the direct purchase thereof or in pursuance 
of condemnation proceedings as provided by law, (3) for the construction, equip- 
ment, maintenance and operation of all necessary buildings and structures, elevators, 
galleries, conveyors, machinery and equipment, warehouses, tracks, spur tracks, 
docks, wharves, piers, slips and all machinery and equipment necessary for handling 
and storing grain and other articles of commerce, (4) for the extension and addi- 
tion of the facilities herein authorized, (5) for doing all dredging and filling that 
may be necessary for carrying out the purposes of this act, and (6) for the payment 
of interest on the bonds hereby authorized for such length of time as may be deemed 
advisable by the Commission of Public Docks. Said bonds may contain such provision 
for their redemption as the Commission may prescribe, subject to the provisions of 
this act. All money received by the Commission on account of said facilities shall 
be paid to the City Treasurer. Disbursements shall be made by him on warrants 
of the Chairman and Secretary of the Commission in pursuance of the authority of 
the Commission. For the purpose of carrying the provisions of this section into 
effect the Commission shall have power, (1) to employ all such persons, subject 


p22] 


to the civil service provisions of the Charter, as may be necessary to carry on the 
work, (2) to enter into all necessary contracts for such construction and other work, 
(3) to fix and regulate from time to time, and from time to time alter all charges 
for the use of the facilities hereby authorized, and (4) the powers heretofore con- 
ferred upon the Dock Commission for the construction of docks may be further ex- 
ercised in carrying out the provisions of this section. 


The Commission shall annually include in its financial estimate for the ensuing 
year an amount sufficient to provide for the interest on all bonds issued under the 
authority hereby granted and to provide a fund for the redemption of bonds matur- 
ing during such ensuing year. The Council of the City of Portland shall, in addi- 
tion to all other taxes heretofore authorized and at the same time other levies 
of taxes are made, levy upon all the property in the City of Portland not exempt 
from taxation a tax sufficient to raise the amount named in said estimate, in- 
cluding an amount sufficient to cover interest charges and provide for the re- 
demption of the bonds hereby authorized. In the event of the failure of the Council 
to make such levy, the amount of the estimate of the Commission of Public Docks 
may be certified by it to the county officials whose duty it is to levy taxes, and a 
tax sufficient to cover such estimate, including an amount sufficient to cover in- 
terest and provide for the redemption of bonds as herein provided shall be levied 
and collected in the same manner that other taxes are levied and collected. 

[Amendment of June 4, 1917.] 


§ 293. SINKING FUND: 


Whenever improvement bonds which may have been issued upon bonded as- 
sessments may be redeemable and it appears to the Council to be of advantage to 
the City to redeem the same but the money available in the improvement bond sink- 
ing fund is insufficient, the Council may transfer money from any other sinking 
fund as a temporary loan to the improvement bond sinking fund to be returned 
from said improvement bond sinking fund with interest at the rate of six per cent 
per annum, and the Council may authorize and provide for the issuance and sale 
of new bonds upon such bonded assessments for the purpose of redeeming such 
old bonds. Such new bonds shall be limited in amount to the the amount of bonds 
to be taken up thereby and shall bear interest, be sold and be redeemable in the man- 
ner provided by Section 278 of the City Charter as amended June 7, 1915. In case of 
any temporary loan as above provided and a failure of property owners to pay into 
the improvement bond sinking fund a sufficient amount to return such temporary 
loan when needed, the Council shall make provision for the return thereof by the 
sale of bonds as above provided. The provisions of this section shall be in force 


and effect from and after July 1, 1918. 
[Amendment of June 4, 1917.] 


§ 294. FIRE STOPS: 


j 
| 


The Council shall have power and authority to acquire by agreement or by 
condemnation such property, easements or rights as may be needed for the construc- 
tion of fire stops; to perform the work of erecting fire stops either by the direct 
employment of labor or by awarding contracts therefor and to provide for the 
payment of the costs thereof by the levy and collection of local assessments for 
benefits. Before any such fire stops shall be constructed an estimate shall be made 
of the probable cost and of the probable saving in fire risks and insurance expenses. 
Where any such fire stop or fire stops are to be constructed at the expense of 
property benefited and to be assessed therefor, the Council shall take proceedings 
similar to those required for constructing sewers and the method of making as- 
sessments and collecting the same shall be the same as is or may be provided in the 
Local Improvement Code, relative to sewers. The cost of acquiring the necessary 
property, easements or rights shall be included in the cost of such fire stop or 
fire stops. 


[ 123 ] 


The term “fire stop” shall be deemed to include any fire proof wall or other 


device to prevent the spread of fire. 
[Amendment of June 7, 1915.] 


§ 295. PREFERENCE TO HOME MANUFACTURERS: 


It shall be discretionary with the Council in letting contracts for street im- 
provements, sewers and other public works and structures and in the purchase 
of materials or supplie for any public use to give any and all such contracts and 
employment to and purchase such material or supplies from: persons and concerns 
who shall have been engaged in business in the State of Oregon, provided that the 
bid of such person, persons or concerns or the prices quoted by them shall not ex- 
ceed by more than five per cent the lowest bid or prices quoted by persoss or con- 
cerns engaged in such business or manufacturing such materials and supplies else- 
where and when in their opinion the public good in any way will be served thereby, 
provided, however, that no goods or materials shall be entitled to the above prefer- 
ence in which the major portion of the work of manufacturing the same shall be 
done outside of the State of Oregon. This section shall be applicable whether 


payment is to be made by a local assessment or otherwise. 
[Amendment of May 17, 1918.] 


§ 296. CREATION OF FUND: 


There is hereby created and established a Policemen’s Relief and Pension Fund 
for the benefit of the regular members of the Bureau of Police of the City of Port- 
land who have served twenty or more years; for the benefit of the widow, and chil- 
dren under the age of sixteen years, of any deceased policeman and for the benefit 
of disabled members of said Bureau of Police. 


§ 297. SOURCE OF FUND: 


Said fund shall consist of all moneys withheld from the salary of any mem- 
ber of the Bureau of Police as fines for any breach of discipline and for the violation 
of the rules and regulations of the Bureau of Police, all bequests, fines, gifts, or 
emoluments paid or given on account of any extraordinary service of any member 
of said bureau (except when specifically allowed to be retained by such member 
by the Council of the City of Portland), and a monthly fee which shall be paid into 
said fund by each member of said bureau who shall have passed the physical ex- 
amination required by civil service regulations pertaining to police officers equal 
to 1% per cent of the salary attached to the rank of patrolman Class “C” of the 
present classification, and the proceeds of the tax levy as herein provided and the 
interest of said portion of said fund. The benefits of this act shall not be extended 


to those who are not required by this act to contribute to said fund. 
[Amendment of June 3, 1919.] 


§ 298. CONTROLLED BY BOARD OF TRUSTEES: 


The Policemen’s Relief and Pension Fund shall be under the supervision and 
control of a Board of Trustees of the Policemen’s Relief and Pension Fund, which 
Board shall be composed of the Mayor (who shall act as chairman), the City 
Treasurer (who shall act as treasurer thereof without compensation), the Chief 
of Police, the City Auditor (who shall act as secretary of said Board without com- 
pensation) and five members of the said Bureau of Police, three of whom shall be 
above the rank of patrolman and two of whom: shall be of the rank of patrolman 
who shall be elected to membership on said Board by the regular members of the 
Bureau of Police every two years. The first election under this act shall be held on 
the second Monday in December, 1918, and biennially thereafter. Said Board shall 
keep a record of all its proceedings and shall hold regular meetings on the second 
Monday in each month. It shall annually make to the Council of the City of Port- 
land a full report of its transactions for the current year, including an itemized 


[124 ] 


account of its receipts and disbursements and an estimate of its receipts and expendi- 
tures for the ensuing year, which said report shall be made on or before the first day 
of September of each year. 


§ 299. POWERS OF BOARD: 


The said board shall prescribe all necessary rules and regulations for its gov- 
ernment in the discharge of its duties and shall hear and decide all applications for 
relief for pensions under this act, and its decision on any such application shall be 
final and conclusive and not subject to revision or reversal, except by said board, and 
a record shall be kept of all meetings and the proceedings of said board. Said Board 
of Trustees is hereby authorized and empowered to administer oaths, subpoena and 
examine witnesses and to require the production and examination of papers and 
documents. It is hereby authorized and empowered in the name of the Board of 
Trustees of the Policemen’s Relief and Pension Fund to invest any part of said 
fund in interest bearing bonds of the United States, the State of Oregon, the City 
of Portland, Multnomah County, School District No. 1 of Multnomah County or 
Port of Portland, preference, however, to be given in all instances to interest bear- 
ing bonds of the City of Portland. All such securities shall be deposited with the 
Treasurer of said Board. 


§ 300. CITY TREASURER CUSTODIAN AND DISBURSING OFFICER: 


Said Policemen’s Relief and Pension Fund shall be in the care and custody of 
the City Treasurer and shall be paid out by him on warrants signed by the chair- 
man and countersigned by the secretary of said board and not otherwise; provided, 
however, that no warrants shall be drawn upon said fund except by order of the 
board, which order shall be duly entered upon the record of the proceedings of 


said board. 
[Note (301) Levy for Policemen’s Relief and Pension Fund provided for in Section 190.] 


§ 302. AMOUNT OF SALARY DEDUCTED FOR PURPOSE OF FUND: 


After the taking effect of this act, it shall be the duty of the Auditor, in making 
out warrants for the monthly salaries, to deduct and withhold monthly from the 
salary of each regular member of the Bureau of Police a sum equal to 1% per cent 
of the salary attached to the rank of patrolman Class “C” present classification, 
and a like amount from the salary of each temporary member of said Bureau of 
Police who shall have passed the physical examination required by the Civil Service 
Board for police officers. It shall be the duty of the Auditor to draw a warrant 
for the full amount so withheld payable to the Policemen’s Relief and Pension Fund. 


§ 303. PENSIONS PAYABLE MONTHLY: 


All pensions and relief claims hereinafter provided for and allowed by said 
Board of Trustees shall be paid monthly out of the Policemen’s Relief and Pen- 
sion Fund by warrants as herein provided. 


§ 304. BENEFITS ON RETIREMENT: 


The Board of Trustees shall, upon the written application duly verified, of 
any member of the Bureau of Police who has served as an active member thereof 
for twenty-five years, retire and relieve said member from service, and said mem- 
ber shall receive a monthly pension equal to one-half of the amount of the salary at- 
tached at the date of his retirement to the rank of patrolman of Class “C” present 
classification, and said pension shall cease at his death except as otherwise herein- 
after provided. . 

The Board of Trustees shall, upon the written application duly verified, of any 
member of the Bureau of Police who has reached the age of fifty years and has 


[125 ] 


served as an active member thereof for twenty years continuously preceding said 
date of application, retire and relieve said member from service, and said member 
shall receive a monthly pension equal to the amount hereinabove provided and 
said pension shall cease at his death, except as hereinabove provided. 

The Board of Trustees shall retire and relieve from service any aged, disabled 
or infirmed member of the Bureau of Police who has reached: the age of fifty-five years 
and who has served as an active member of said bureau for twenty years preceding 
such age. When upon examination of such member by two regularly licensed physi- 
cians appointed by the Board of Trustees for that purpose, he shall be ascertained 
to be by reason of such age, infirmity or disability, unfit for the performance of 
his duty and such member shall receive a monthly pension equal to the amount 
hereinabove provided and said pension shall cease at his death, except as other- 


wise hereinafter provided. 


§ 305. BENEFITS OF TEMPORARY OR PERMANENT DISABILITY: 


In no case shall benefits be paid any member of the Bureau of Police who 
may become sick as the result, directly or indirectly, of improper or immoral conduct. 

Any regular member of the Bureau of Police who becomes incapacitated from 
performing his duties on account of sickness shall be entitled to receive during his 
sickness (not to exceed three months in any twelve consecutive months) a sum equal 
to one-half the amount attached, at the time he contracted such sickness, to 
the rank of patrolman Class “C” of the present classification; provided, however, 
that no member shall be entitled to receive such relief unless he shall have been 
incapacitated for a full period of fourteen days, in which event said member shall 
be so paid from the time he became incapacitated. 

Any regular member of the Bureau of Police who becomes incapacitated from 
performing his duties on account of sickness or injury contracted or received while 
in the performance of his duty shall be entitled to receive from the date of his 
incapacity and so long as such incapacity shall, in the judgment of a majority of the 
Board of Trustees, continue not to exceed one year from the date of such incapacity 
a sum equal to the salary attached at the time he contracted or received such sick- 
ness or injury to the rank of patrolman Class “C” of the present classification. 
If such incapacity shall continue to exist at the expiration of one year from the 
date of such incapacity such member may then be retired by the Board of Trustees 
and in case of such retirement such member shall be entitled to receive, so long 
as such incapacity shall in the judgment of a majority of the Board of Trustees 
continue, a pension equal to one-half of the salary attached at the time he contracted 
or received such sickness or injury to the rank of patrolman Class “C” of the pres- 
ent classification; provided, however, that if such member shall receive his salary 
or any portion thereof during his period of incapacity he shall not be entitled to 


receive benefits hereunder during the time his salary shall continue. 
[Amendment of June 8, 1919.] 


§ 306. BENEFITS TO WIDOWS AND CHILDREN OF DECEASED POLICEMEN: 


If any regular member of the Bureau of Police shall, while in the performance 
of his duty, be killed or die from the effect of an injury thus received or of any 
disease thus contracted while a member of the Bureau of Police, or if any regular 
member of said bureau shall, after fifteen years’ service therein or while retired 
subject to the provisions hereinafter stated, die from any cause, such member so 
killed or dying from said injury or disease or after said term of service or re- 
tirement, subject to the provisions as hereinafter stated, shall leave a widow, such 
widow while unmarried and a resident of the State of Oregon shall be entitled to 
receive a pension equal in amount to one-half the Salary attached at the time of 
the death or the date of retirement of such member, to the rank of patrolmzn Class 
“C” present classification. In the event that such member should die, as aforesaid, 
leaving a child or children under the age of sixteen years, but no widow, or should 


[ 126 ] 


leave a widow and a child or children under the age of sixteen years and said widow 
should die or remarry, or cease to be a resident of the State of Oregon before 
such child or children arrive at the age of sixteen years, then said pension shall be 
paid to such child or children under the age of sixteen years equally. As each 
child attains the age of sixteen years, such child’s right to such pension or any 
portion thereof, shall cease and determine; provided, however, that the provisions 
of this section or any part of this act so far as applicable to retired members 
shall apply only to the widow who was the wife at the date of the retirement of 
such member and not a widow who became the wife of such member after the date of 
his retirement. In case such deceased member has no wife or children but leaves 
a parent or parents wholly dependent upon him for support, such dependent par- 
ent or parents shall be entitled to receive a pension equal to one-half the salary at- 
tached at the time of such member’s retirement or death, to the rank of patrolman 
Class “C” present classification, and such pension shall continue during such time 
as may be determined by a majority of the members of said Board of Trustees. 


§ 307. PENSIONS TO TEMPORARY POLICEMEN: 


Any temporary member of the Bureau of Police who is incapacitated for duty 
through being disabled by an injury received while in the performance of his 
duty shall receive, during the existence of such disability, a pension equal to one- 
half the amount attached at the time of receiving such injury, to the rank of patrol- 
man Class “C” of the present classification, and in case any temporary member 
of said bureau shall, while in the performance of his duty, be killed or die from 
the effect of an injury thus received, said board shall grant a pension of the amount 
hereinabove provided to his widow or dependent child or children under the age of 
sixteen years in the same manner as such pension may be allowed to the widow and 
dependent children of regular members of the Bureau of Police. A temporary mem- 
ber of said bureau is defined to be a person employed to serve temporarily in the 
Bureau of Police who has passed the physical examination required by the civil 
service regulations pertaining to police officers. 


§ 308. APPLICATION FOR PENSION: 


All applications for relief shall be made within such time as may be fixed by the 
rules and regulations of the Board of Trustees. 


§ 309. APPLICATION OF PROVISIONS OF ACT: 


The provisions of this act shall apply to all persons who are now or who shall 
hereafter become members of the Bureau of Police of the City of Portland, except 
temporary members who have not passed the physical examination required by the 
Civil Service regulations for police officers, and all such persons shall be eligible 
to the benefits secured by this act, as herein provided. 


§ 310. PENSION CERTIFICATES: 


The Board of Trustees shall issue to each member of the Bureau of Police 
pensioned under the provisions of this act an engraved certificate showing the 
amount of pension allowed and the cause for which the same is issued. 


§ 311. FORFEITURE OF PENSION: 


Any person receiving a pension from the Policemen’s Relief and Pension Fund 
who shall be convicted of a felony or who becomes dissipated or an habitual drunk- 


ard shall forfeit all right to such pension. 


§ 312. PENSIONS PRO-RATED WHEN FUNDS INSUFFICIENT: 
If at any time said Policemen’s Relief and Pension Fund is insufficient to pay 


[ 127 ] 


in full the pensions and disability claims allowed by the Board of Trustees, then 
said Board shall pay said pensions and claims pro rata until such time as said funds 
shall be sufficient to pay the same in full; provided, however, that when said funds 
shall warrant, the Board of Trustees shall pay in full all back pensions and claims. 


§ 313. BOOKS AND ACCOUNTS OPEN FOR INSPECTION: 


The books and accounts of said Board of Trustees shall at all reasonable times be 
subject to the inspection of any person interested and shall upon the expiration of 
the term of office of the Treasurer, be surrendered and delivered to his successor, 
together with all record and documents, securities, moneys and property which may 
have come into the possession of said Treasurer. 


§ 314. DIVISION OF POLICE AND FIREMEN’S RELIEF FUND: 


The remaining one-half of the amount of funds credited to the Police De- 
partment Fund heretofore established by the former Police and Fire Department 
Relief Fund shall be credited to the Policemen’s Relief and Pension Fund. 


§ 315. PENSIONS EXEMPT FROM EXECUTION: 


All pensions and disability flaims hereby authorized and alhowed by said 
Board of Trustees of the Policemen’s Relief and Pension Fund shall be exempt 
from attachment, execution, garnishment or other process issued out of any court 
for the payment or satisfaction, in whole or in part, of any debt, damage, claim, 
demand or judgment against the beneficiary thereof. 


§ 316. DISCHARGE OF POLICEMEN: 


No member of the Bureau of Police who has served faithfully and efficiently 
for six years continuously shall be removed or discharged without first having a 
trial or hearing, and not then except for cause upon written charges, of which one 
copy shall have been served upon him and a duplicate filed with the Civil Service 
Board. Any policeman so removed may within ten days from his removal file with 
the Civil Service Board a written demand for investigation. The cause of dismissal 
shall forthwith be investigated by or before the Board or by or before some officer 
or board appointed by the Civil Service Board to conduct such investigation. The 
findings of the Civil Service Board or such officer or board when approved by the Civil 
Service Board shall be certified to the appointing officer and shall be forthwith en- 
forced by such officer. 


§ 317. CITY ATTORNEY TO ADVISE BOARD: 


It shall be the duty of the City Atorney to give advice to the Board of Trustees 
of the Policemen’s Relief and Pension Fund in all matters pertaining to their duties 
and the management of said fund, whenever requested in writing by said Board, and 
he shall represent and defend said Board as its attorney in all suits or actions at law 
or in equity that may be brought against it and institute all suits or actions in its 
behalf that may be required to be determined upon by said Board. 


§ 318. ACTS OR PARTS OF ACTS IN CONFLICT HEREWITH REPEALED: 
That all acts or parts of acts in conflict herewith are hereby repealed, insofar 

as the same conflict herewith. 

§ 319. DEFINITION: 


Whenever the phrase “salary attached to the rank of Patrolman, Class ‘C,’ 
present classification” is used herein it shall be deemed to mean the highest salary 


[ 128 ] 


attached to the office of patrolman at the time deduction is made from the salary 
of a member of the Bureau of Police, and the highest salary attached to the office 


of patrolman at the date of the death or retirement of a member of said Bureau. 


[Pension Act of November 5, 1918.] 
[Section (820) Rehabilitation Hospital—Expired by Limitation.] 


CHAPTER 13 
Procedure For Laying Out, Extending or Widening Street. 


§ 321. STREET DEFINED. 

§ 822. REPORT FROM CITY ENGINEER—CONTENTS OF REPORT. 

§ 323. NOTICE OF REPORT, HEARING THEREON, OBJECTIONS AND 
CLAIMS OF OWNERS. 

§ 824. POWER OF COUNCIL TO ACT UPON HEARING. 

§ 325. RIGHT OF OWNERS TO APPEAL. 

§ 326. POWER OF COUNCIL TO DISCONTINUE OR PROCEED. 

§ 327. CONDEMNATION COMPLETED. 

§ 328. FAILURE OF PROCEEDINGS IF FUND FOR DAMAGES NOT COL- 
LECTED. 

§ 329. STREET TO BE DECLARED OPEN, WHEN. 

§ 330. DEFICIT ASSESSMENT. 

§ 331. REFUNDING SURPLUS. 

§ 332. ADDITIONAL POWERS OF COUNCIL. 

§ 3338. PROCEEDINGS MAY BE ABANDONED, WHEN. 

§ 334. CURATIVE PROVISIONS. 

§ 3385. SLOPE EASEMENTS, ETC. 


§ 321. STREET DEFINED: 


As used herein or in any proceeding based hereon the term “street”? shall be 
understood to mean any alley, street, way, court, avenue, boulevard and any place to be 
used for foot and vehicle traffic, or either thereof. 


§ 322. REPORT FROM CITY ENGINEER—CONTENTS OF REPORT: 


Whenever the Council shall deem it expedient to lay out, establish and open 
any new street or streets, or to change any existing street or streets by extending, 
widening or altering the same, it shall by resolution direct the City Engineer to 
make a survey and plat of such proposed street or streets, or change thereof and a 
written report. The City Engineer shall make such survey, plat and report and file 
such plat and report with the Auditor within sixty days from the date of such 
resolution, unless the Council shall grant an extension of time. Such report shall 
contain a full description of such proposed street or streets, or change of an ex- 
isting street or streets, a description of each lot, tract or parcel of land, or portion 
thereof, to be appropriated, the amount of damages which, in his judgment, should 
be awarded for such appropriation, with the name of the owner or owners and other 
persons whom he may find to have any interest in or lien upon said property, a 
description of the boundaries of the district benefited and to be assessed for such 
improvement, and a description of each lot, tract, or parcel of land (other than land 
taken) in such district with a just assessment of benefits thereto. The City Engin- 
eer shall include in such report a summary showing the excess of benefits and 
excess of damages relative to lots, tracts or parcels of land a part of which is 
embraced within such proposed street or streets or change, which damages ‘and 
benefits may be offset pro tante. The Engineer’s report shall be deemed a proposed 
award of damages and assessment of benefits. 


[ 129 ] 


§323. NOTICE OF REPORT, HEARING THEREON, OBJECTIONS AND CLAIMS 
OF OWNERS: 


Within thirty days after the filing of such report the Auditor shall cause a 
notice to be published for a period of ten successive publications in the city offi- 
cial newspaper stating that such report is on file in his office subject to examina- 
tion, giving the date when the same was filed, the probable cost of such proposed 
street or streets or change, a statement of the district embracing the property pro- 
posed to be assessed therefor and notifying all persons interested to present in 
writing their objections to said report, if any they have, and that said objections, 
if any there be, together with said report, will be heard by the Council on a date 
specified in such notice, not less than ten (10) days after the date of the first pub- 
lication of said notice. It shall also be the duty of the Auditor forthwith to send 
by mail postpaid to each of those designated in the Engineer’s report a _ notice 
stating the probable total cost of such street or streets, or change, a brief descrip- 
tion of the property in which such person is interested, a statement of the amount 
proposed to be assessed against such property, the time within which written ob- 
jections may be filed against such proposed appropriation and assessment, and the 
date when the Council will hear such report and objections, and, if such person 
be named as owner or party interested in land to be taken, the amount of damages 
proposed to be awarded for such property. If the address of any such person be 
unknown to the Auditor and if such person have an agent whose name and address 
is known to the Auditor, he shall mail such notice to such agent; otherwise he shall 
mail it to the owner addressed at Portland, Oregon. 


§ 324. POWER OF COUNCIL TO ACT UPON HEARING: 


If the Council, after hearing the objections, if any there be, find such report 
to be reasonable and just, it may adopt the same by ordinance, embodying such re- 
port. If it appear to the Council that the damages allowed or benefits assessed 
are unreasonable, unjust or improper in any respect, it shall make what it may 
deem to be a reasonable, just and proper award of damages and assessments of 
benefits and for that purpose it may require a supplementary or further report from 
such City Engineer. When the Council, after such hearing, shall have ascertained 
what it deems to be a fair, just and proper award of damages and assessment of 
benefits, it may pass an ordinance specifying in detail such award and assessment, 
which ordinance may be passed at any time after the hearing hereinbefore specified. 
But if the Council deem it just and proper to reduce the amount of any award em- 
braced in the Engineer’s report or increase the amount of any proposed assessment 
against any parcel of land embraced in said Engineer’s report, it shall fix a time 
for a further hearing and shall cause the Auditor to mail a notice to the owner of 
each parcel of land so affected, stating what is proposed in the way of an award of 
damages or an assessment with respect to the property in which such person is inter- 
ested, the time within which objections may be filed in writing with the Auditor 
and the time when such objections will be heard by the Council. After holding such 
hearing the Council may pass an ordinance making an award of damages and as- 
sessment of benefits. No findings or conclusions need be entered relative to ob- 
jections. 


§ 325. RIGHT OF OWNERS TO APPEAL: 


The owner or owners of any lot, tract or parcel of land, all or part of which 
is to be appropriated for a street, streets or change, the owner of the improvements 
thereon, any person having an interest in such land~ or improvements, and any 
person against whom an assessment of benefits is made by such ordinance, shall 
have a right of appeal, within the same time, in the same manner and with te same 
force and effect as is provided by Sections 401 and 402 of the 1903 charter of the 
City of Portland, which sections are contained on pages 163 and 164 of the special. 
laws of sane for the year 1903. 


f 1301 


§ 326. POWER OF COUNCIL TO DISCONTINUE OR PROCEED. 


The Council, after the expiration of the time limited for an appeal to the 
Circuit Court, if no appeal be taken, or after the filing of a certified copy of a final 
judgment on appeal if an appeal be taken shall, if it deem it advisable to lay out, 
establish, open or change such street or streets, adopt a resolution directing the 
Auditor to enter in the docket of city liens a statement of the respective amounts 
of benefits assessed upon each particular lot or parcel of land and the names of the 
owners, in like manner as assessments for street improvements are entered in said 
lien docket. In cases where a part of a lot or tract of land is taken for such street, 
streets or change and an award made for the part taken and an assessment made 
against the residue, credit shall be made so that, if the award exceed the assessment, 
the assessment shall be cancelled and the balance of the award paid to the owner and, 
if the assessment exceed the award, the amount of the award shall be applied on the 
assessment and the balance of the assessment entered upon the lien docket. Upon 
such entry in the lien docket, the amounts so entered shall be a lien and charge upo» 
the respective lots, tracts and parcels of land against which the same are placed. 
Such liens shall have the same force and effect as other liens entered in such docket. 
Notice of such entry shall be given and such liens enforced and collected in the same 
manner as is or may be provided for assessments for street improvements and 
sewers, except that if any property be not sold when offered for sale to collect such 
assessment the sale shall be continued from week to week or month to month, in the 
discretion of the treasurer, not exceeding six months until such sale be made or 
or assessment paid. The provisions which are or may be applicable to bonding as- 
sessments for sewer and street improvements shall be applicable to assessments 
for laying out and establishing or changing any street or streets. All moneys arising 
from such assessment of benefits shall be kept in a separate fund and be applicable 
to a satisfaction of the amount to be paid for damages including the amount due for 
advertising, court costs and other expenses. 


§ 327. CONDEMNATION COMPLETED: 


Whenever the full amount assessed as entered in the docket of city liens shall 
have been paid into the city treasury, the designated property shall be deemed to 
be appropriated for the purpose of such street or streets or change, and thereupon 
the Auditor shall notify the persons who are supposed to be entitled to or interested 
in any portion of such fund that such fund has been provided and is ready for dis- 
tribution and that a warrant will, upon demand, be drawn in favor of each person 
entitled thereto. Before drawing any such warrant the Auditor shall inquire into 
the matter of city liens, and other liens, incumbrances and claims with referente 
to such property to the end that the title be cleared before or upon the payment of 
the award, and, in case he be in doubt or uncertain as to the right of any person, 
he shall lay the matter before the Council which shall inquire into and determine the 
same, subject to the right of appeal to the Circuit Court of the State of Oregon for 
Mutnomah County as from an appeal from a judgment in the District Court, 
and for the purpose or. such inquiry, the Council may summon parties and subpoena 
witnesses and grant a hearing and the Council’s determination shall be final if not 
reversed on appeal, or the Council may direct that a suit of interpleader or other 
proceeding be instituted. 


§ 328. FAILURE OF PROCEEDINGS IF FUND FOR DAMAGES NOT COL- 
LECTED: 


If such fund for the payment of damages be not collected and ready for the 
drawing of warrants within nine (9) months from the termination of the time 
limited for appeal, if no appeal be taken, or within nine (9) months from the date of 
the rendition of final judgment on appeal, if an appeal be taken, all acts and pro- 
ceedings for the laying out, establishing, opening or changing of such street or 


[ 131 ] 


streets shall be null and void. But in case of two or more appeals being taken 
the time shall start to run from the date of the final judgment which is last. 

The amount of interest collected by the City from those assessed shall be appor- 
tioned and allowed to those to whom damages are paid. 


§ 329. STREET TO BE DECLARED OPEN, WHEN: 


When the property required for laying out, establishing or changing such street 
or streets, has been appropriated as above provided, the Council shall, by resolution, 
declare such street or streets to be opened, laid out, established, or changed, and 
within ninety (90) days after the adoption of such resolution the City Engineer shall 
file for record with the County Clerk of Multnomah County, a copy of said resolution 
and an accurate plat of such street or streets and of the property so appropriated for 
public use. 


§ 330. DEFICIT ASSESSMENT: 


If, upon the determination of an appeal, it be found that the amount assessed is in- 
sufficient to defray the damages awarded and the cost of advertising, court pro- 
ceedings and other expenses and that the amount charged upon the property as- 
sessed therefor is less than the benefits accruing thereto, the Council may by 
resolution declare such deficit and direct the City Engineer to prepare a proposed 
deficit assessment. The Engineer shall thereupon prepare and file with the Auditor 
a proposed deficit assessment, and the Auditor shall give notice thereof and of the 
hearing of objections thereto as above prescribed with reference to the Engineer’s 
report, except that the period of publication shall be five lays, and the Council 
upon such hearing shall make a just and equitable deficit assessment. Such deficit 
assessment shall be made before the entry of the assessment in the lien docket and 
shall be consolidated therewith. 


§ 331. REFUNDING SURPLUS: 


If upon the determination of any appeal, it be found that the assessment is 
more than sufficient to discharge the damages and cost of advertising, court pro- 
ceedings and other expenses, the Council shall by resolution declare such surplus 
and make suitable provision for refunding the same. 


§ 332. ADDITIONAL POWERS OF COUNCIL: 


The Council, in its discretion, may provide in the preliminary resolution that 
two or more streets or proposed streets or disconnected portions of one street be 
embraced in one proceeding. In cases where it may be proposed to widen or extend 
street area which has previously been donated or dedicated and it appears just 
and proper that account be taken of such donation or dedication and suitable credit 
or allowance made in favor of the person making the same, or his successors, such 
credit or allowance may be made. In case any city lien or liens exist against prop- 
erty, a part of which is taken or to be taken for street purposes, the Council may 
provide for segregating the same so that the portion against the land taken may 
be paid. 


§ 333. PROCEEDINGS MAY BE ABANDONED, WHEN: 

The Council shall have full power and authority to abandon and rescind proceed- 
ings for establishing or changing streets at any time prior to the drawing of. war- 
rants for property taken or the final consummation of such proceedings. 

§ 334. CURATIVE PROVISIONS: 
No such assessment shall be held invalid by reason of a failure to give, in the 


[ 132 ] 


Engineer’s report, in the proposed assessment and proposed award of damages, in 
the ordinance making the assessment and award, in the lien docket or elsewhere ‘n 
the proceedings, the name of the owner of any lot, tract or parcel of land or the 
name of any person having a lien upon or interest therein, or by a mistake in the 
name of any such person or the entry of a name other than the name of such owner 
or other person having a lien upon or interest in such property, or by reason of 
any error, mistake, delay, omission, irregularity or other act, jurisdictional or other- 
wise, in any of the proceedings or steps hereinbefore specified, unless it appear that 
reasonable notice has not been given of the hearing upon the proposed award of 
damages and assessment and that the award of damages or assessment as made, in 
so far as it affects the person complaining, is unfair and unjust, and the Council 
shall have power and authority to remedy and correct all such matters by suitable 
action and proceedings. 


§ 335. SLOPE EASEMENTS, ETC.: 


This amendment shall supersede all existing provisions relative to the matter 
contained herein except the provisions known as the Additional] Method of opening 
streets, but the city council shall have power to proceed according to the general 
statutes of the state for condemning property for street purposes including the 
right to slope or fill on adjacent property or to use the same for other purposes 
connected with the streets or their improvement. The provisions of the foregoing 
sections may also be applied to the acquisition of rights to slope by trimming off 
banks or cuts, the right to fill by constructing sloping embankments, and other 
easements for street purposes upon adjacent property. Nothing contained herein 
shall affect or impair any proceeding which may now be pending for any stfeet 
opening, extension or change, but all pending proceedings may be continued to 
completion in accordance with the law in effect at the time of the commencement 
thereof, to all intents and purposes the same as if. this amendment had not been 


adopted. 
[Amendment of June 3, 1919.] 


CHAPTER 14. 
PROGRESS PAYMENTS; LIGHTING STREETS; MISCELANEOUS BONDS. 


§ 336. CONTRACTS FOR LIGHTS; TIME OF. 

§ 387. PROGRESS PAYMENTS. 

§ 338. LIGHTING DISTRICTS. 

§ 3389. BRIDGE ACCESS BONDS, SERIES NO. 2. 
§ 340. FIRE BOAT AND STATION BONDS. 

§ 341. POLICE AND TRAFFIC SIGNAL BONDS. 


§ 336. CONTRACT FOR LIGHTS; TIME OF: 


The Council of the City of Portland is hereby authorized, on behalf of said 
City, to enter into agreements with any corporation, firm, association or individual 
for a period not exceeding five years wherein and whereby such corporation, firm, as- 
sociation or individual shall agree to furnish lights for streets and public buildings 


of the City of Portland. 
[Amendment of November 2, 1920.] 


§ 337. PROGRESS PAYMENTS: 


The Council shall have power and authority to make progress payments for all 
street and sewer construction work which may be performed by the issuance of 
interest bearing warrants against the special assessment fund to be created for such 
improvement, provided, that the interest on such warrants shall not exceed six per 
cent per annum and such warrants shall not exceed eighty per cent of the reason- 


[ 133 ] 


able value of the work and material theretofore performed upon such street im- 
provement or sewer construction as shown by a certificate to be furnished by the 
City Engineer. The contract price based upon the estimate of the City Engineer, 
the cost of right of way and expense of condemning land and the interest accrued and 
accruing upon progress payment warrants from the date of the issuance thereof to a 
date not exceeding sixty days after the filing of the certificate of the accuracy of 
the original estimate or a corrected estimate, shall be deemed the cost of every sewer 


or street improvement to be considered in the making of a local assessment for benefits. 
[Amendment of November 2, 1920.] 


§ 338. LIGHTING DISTRICTS: 


Whenever the owners of fifty per cent or more in area of the property within 
any district make and file with the Auditor a petition to establish a special lighting 
system within such district, the Council shall have the power and authority to 
install, operate and maintain a special street lighting system: or systems on any 
street or streets, or any part or parts thereof within said district, and to furnish 
electrical current for the lighting threof, by awarding contracts therefor and to pro- 
vide for the payment of the cost of original installation and the operation and main- 
tenance and the furnishing of electrical current for the lighting thereof by the levy 
and collection of local assessments on property benefited thereby. Whenever any 
such system is to be installed, operated, maintained and/or lighted at the ex'rense of 
property benefited and to be assessed therefor, the Council shall take proceedings 
similar to those required for constructing street improvements; and the method of 
making assessments and collecting the same as is or may be provided in the Local 
Improvement Code relative to street improvements, shall apply, including the right 
of remonstrance and the right and privilege of bonding the original cost of installa- 
tion, the original and subsequent cost of operation and maintenance and/or fur- 
nishing electrical energy for the lighting thereof for such period of time as may be 
fixed by the Council, not exceeding five years. 

At the expiration of any such or subsequent period, the Council shall have power 
and authority to continue the operation, maintenance and lighting of any such 
special street lighting system or systems and to award contracts for the furnish- 
ing of electrical current for the lighting thereof, and to pay the subsequent cost 
therefor in the same manner as is provided for original construction, operation, main- 
tenance and/or lighting. 

In the event the privilege of bonding is exercised, the property owner bonding 
shall pay all assessments in ten semi-annual installments with interest, and all bonds 
issued by the Council under the provisions of Section 278 of the charter for the fore- 
going purposes shall mature in five years from the date thereof. 

The Council shall have power and authority to enact such ordinance or ordin- 


ances as may be needed to give full effect to this section. 
[Amendment of November 4, 1924.] 


§ 339. BRIDGE ACCESS BONDS, SERIES NO. 2: 


The Council of the City of Portland is hereby authorized, in the name and 
under the corporate seal of said City, to issue and dispose of bonds of said City 
in 2n amount not exceeding $1,500,000.00 (except as hereinafter further authorized), 
and of such denomination and form as the Council may determine, with interest 
coupons attached. Such bonds shall be signed by the Mayor and countersigned by 
the Auditor. Each of such coupons shall have the signatures of the Mayor and the 
Auditor engraved thereon. The City of Portland by each of said bonds shall be held 
and considered in substance and effect to undertake and promise, in consideration 
of the premises, to pay to the bearer of each of said bonds, at the expiration of the 
time specified therein, the sum named therein in gold coin of the United States of 
America, together with interest thereon in like gold coin at the rate mentioned in 
the bond, which interest shall be payable half-yearly. Said bonds shall be known as 
“Bridge Access Bonds, Series No. 2,” and the same shall be numbered beginning 


[134 ] 


with No. 1 and running consecutively through the total issue authorized hereby. 
Said bonds may be issued serially. At the time of providing for the issuance of such 
bonds, the Council shall, subject to the provisions hereof, fix the rate of interest 
to be paid (which rate shall not exceed five per cent per annum), the dates for re- 
demption of said bonds (which dates shall not be less than three years nor more than 
thirty years from the date of such bonds), and the portion of said bonds which shall 
be redeemed each year beginning with the third year from the date thereof, but the 
bonds designated for redemption in any one year shall not exceed ten per centum of all 
of the bonds authorized by this act based upon the par value thereof. Such bonds, be- 
fore sale, shall be advertised for not less than two weeks, and shall be sold to the high- 
est responsible bidder, but not for less than par and accrued interest. The Council, be- 
fore advertising the sale of such bonds, may provide that competition in bidding shall be 
partially or wholly upon the rate of interest, and in that case the rate shall be 
fixed according to the bid of the successful bidder and the award shall be made 
upon the bid which is most to the advantage of the City. The Council shall have 
the right to reject any and all bids and proceed to readvertise when bids are not 
satisfactory. The proceeds from the sale of such bonds shall be expended by the 
Council in paying the expense of advertising, issuing and selling the same and in 
paying seventy-five per cent of the cost of widening, opening, extending and/or 
altering of streets and/or the cost of lands, rights of way, easements and/or other 
rights necessary for the purpose of widening, opening, extending and/or altering 
the following streets: 


Widening BROADWAY, from the east line of Crosby Street to the west line 
of Wheeler Street to 110 feet in width from Crosby to Ross Street, and 90 feet in 
width from Ross Street to Wheeler Street; widening Larrabee Street, from the north 
line of Broadway to the easterly line of Harding Street on the south, and the east 
line of Delay Street on the north to 90 feet in width; widening, opening and extend- 
ing Williams Avenue, from the south line of Broadway to the north line of Holladay 
Avenue to 70 feet in width; widening Broadway, from the east line of East First 
Street to the west line of Union Avenue to 70 feet in width; opening and extending 
Weidler Street, from the west line of Wheeler Street to the intersection of the east 
line of Ross Street and the south line of Broadway to 60 feet in width; opening and 
widening Wheeler Street, from the north line of Broadway to the south line of 
Hancock Street to 55 feet in width; opening, widening and extending Hancock 
Street, from the west line of Flint Street to the easterly line of Ross Street to 60 
feet in width; widening and extending Multnomah Street, from the east line of East 
First Street to the easterly line of Ross Street to 60 feet in width; opening and ex- 
tending Benton Street, from Clackamas Street to the intersection of Hassalo and 
Adams Streets, 60 feet in width; widening and altering Cherry Street, from Wheeler 
Street to Weidler Street; 


Widening EAST BURNSIDE STREET, from: the east line of Grand Avenue to 
East 13th Street to 84 feet in width; opening, extending and widening Sandy Boule- 
vard, from the west line of East 28th Street to the north line of East Burnside Street 
between East 12th and East 13th Streets to 80 feet in width; opening, extending and 
widening East Glisan Street, from the west line of East 32nd Street to the southerly 
line of Sandy Boulevard to 80 feet in width; altering and widening Union Avenue at 
the northeast corner of East Ankeny Street and Union Avenue and the southeast corner 
of East Couch Street and Union Avenue; 


Extending and widening POWELL STREET, from the west line of Milwaukie 
Street to the east line of East Seventh Street to 90 feet in width; widening, extend- 
ing and altering Powell Street, from the east line of Milwaukie Street to the west 
line of 50th Street Southeast to 80 feet in width; widening and altering Milwaukie 
Street, from the north line of Pershing Street to the southerly line of Gideon Street 
to 80 feet in width; opening and extending East 17th Street, from the north line of. 
Pershing Street to the south line of Powell to 60 feet in width; opening and altering 
Woodward Avenue, from the east line of East 10th Street to the west line of Mil- 
waukie Street; 


[ 135 ] 


Widening and extending CORBETT STREET, from the north line of Woods 
Street to the south line of Hooker Street, to a width of 90 feet, and opening and ex- 
tending a new street 90 feet in width from the intersection of Hooker and Corbett 
Streets to the intersection of Arthur and Front Streets; widening Front Street, from 
the north line of Arthur Street to the south line of Sheridan Street to 80 feet in 
width; widening Arthur Street, from the west line of Front Street to the east line 
of Second Street to 80 feet in width, opening and extending Kelly Street, from the 
north line of Grover Street to the south line of Porter Street; widening and altering 
Grover Street, from the west line of Hood Street to the east line of Kelly Street; 
opening and extending a new street, from the south line of Grover Street to the inter- 
section of Kelly Street and Gibbs Street; widening and altering Woods Street, from 
the west line of Corbett Street to the east line of First Street to 80 feet in width; 
and further authorizing the issuance of additional bonds to cover any deficit cost re- 
sulting from appeals and providing that said bonds shall not be counted in calculat- 
ing the limited indebtedness fixed by the charter or the constitution. 

Said widening, opening, extending and/or altering of said streets shall be done 
in the manner and as provided by the charter for widening, opening, extending and/ 
or altering of streets. Seventy-five per cent of the cost of said widening, opening, 
extending and/or altering of the above named streets shall be paid from the pro- 
ceecs of the sale of the bonds. herein authorized, and twenty-five per cent of such cost 
shall be paid from the proceeds of special assessments for benefits in the manner 
and as provided by the charter for the widening, opening, extending and/or altering of 
streets. In calculating the cost, and as a part of the cost, of acquiring such prop- 
erty, easements and/or rights necessary for such widening, opening, extending or 
altering of said streets, an amount for engineering, surveying, appraisals, prepara- 
tion of engineer’s reports, advertising and all other necessary and incidental ex- 
penses in connection therewith in the proceedings of the City Engineer and the 
Council, equal to three per cent of the total damages as finally ascertained and 
determined by the Council shall be authorized to be paid from the proceeds of said 
bonds. Appeals shall be allowed to the Circuit Court of the State of Oregon for 
Multnomah County and/or to the Supreme Court of the State of Oregon, as pro- 
vided by the charter and/or Chapter 294, General Laws of Oregon 1925, by any 
owner, lessee, mortgagee or other person having an interest in or lien upon the 
prowerty intended to be appropriated or assessed for such purpose. If upon the 
determination of such appeals judgments are entered by the court against the City, 
increasing the cost of acquiring such property, rights of way, easements and/or 
other rights over the amount allowed by the City Engineer or Council, or decreasing 
the assessment of benefits against any property assessed for benefits in such 
proceedings as fixed by the City Engineer or the Council, then the Council is hereby 
granted further authority to issue and sell additional bonds in the manner and form 
as above provided up to but not exceeding an amount sufficient to cover such deficit 
cost as may result from such appeals, and such deficit shall include all costs and ex- 
penses taxed on appeals, including the City’s expenses for witnesses and other expenses 
incurred in connection with said appeals. The amount of all of the bonds authorized 
by this act shall not be counted in calculating the limited indebtedness otherwise ap- 
plicable to the City of Portland fixed by the charter or the constitution, but shall be 


excluded from said limitation. 
[Amendment of May 21, 1926.] 


§ 340. FIRE BOAT AND STATION BONDS: 


The Council of the City of Portland is hereby authorized, in the name and 
under the corporate seal of the city, to issue and sell bonds of the City of Portland, 
Oregon, in an amount not exceeding Seven Hundred Thirty-five Thousand Dollars 
($735,000.00) of such denomination as the Council may determine and in such form 
as the Council shall select, with interest coupons attached thereto. The said bonds 
shall be signed by the Mayor and countersigned by the Auditor of the City of 
Portland and each of said coupons shall have the signature of the Mayor and of the 


[ 136 ] 


Auditor engraved thereon; and the City of Portland by each of said bonds shall be 
held and considered in substance and effect to undertake and promise, in consid- 
eration of the premises, to pay to the bearer of each of said bonds at the expiration 
of the time specified therein the sum named therein in gold coin of the United 
States, together with interest thereon in like coin at the rate mentioned in the 
bond, which interest shall be payable half-yearly. The bonds hereby authorized may 
be issued serially, and may all be issued by the Council at one time, or any portion 
thereof may be issued from time to time, as the Council may elect, and shall be 
numbered beginning with number one and running consecutively through the total 
issue authorized by this section. At the time of providing for the issuance of all 
or any portion of the bonds hereby authorized, the Council shall determine the rate 
of interest to be paid thereon, which shall not exceed five per centum per annum, 
and shall fix the dates of redemption of said bonds, which dates of redemption shall 
not be less than three years, nor more than ten years, from the date of such bonds. 
A prescribed portion of said bonds, to be designated by the Council, shall be re- 
deemed each year beginning with the third year from the date thereof, but the bonds 
designated for redemption in any one year shall not exceed 20 per cent of all of the 
bonds authorized by this section, based upon the par value thereof. Said bonds 
shall be designated “Fire Boat and Fire Stations, and General Fire Bureau Equip- 
ment Bonds of the City of Portland, Oregon, authorized 1926,” and shall be ad- 
vertised for hot less than two weeks and sold to the highest responsible bidder but 
not for less than par and accrued interest. The Council, before advertising the 
sale of bonds, may provide that competition in bidding shall be partially or wholly 
upon the rate of interest, and, in that case, the rate shall be fixed according to the 
bid of the successful bidder, and the award shall be made upon the bid which is 
most advantageous to the city. 

The Council may reject any and all bids tendered for same and proceed to -ead- 
vertise when bids are not satisfactory. The proceeds from the sale of the bonds 
herein provided for shall be expended by the Council in the payment of the cost of 
constructing and equipping three fire boats and in providing a berth for the same; 
in the acquisition of land in the City of Portland for and the establishment thereon 
of a building for a central fire alarm station and the cost of the establishment 
and equipment of a new fire alarm system and the general extension of the present 
fire alarm system; the purchase and installation of five hundred fire alarm boxes; 
the acquisition of land in the City of Portland and the construction thereon of eight 
buildings for fire stations and the cost of equipping and furnishing of the said 
fire stations, and the purchase of additional fire equipment, and in the payment of 
expenses incurred in connection with the purchase, condemnation or development 
of such real property. 

The Council is hereby authorized and empowered to acquire land for the pur- 
poses above enumerated, either by direct purchase or in pursuance of condemnation 
proceedings as provided by the charter of the City of Portland, and/or the statutes 
of the State of Oregon. 

The amount of all of the bonds authorized by this act shall not be counted 
in/ calculating the limited indebtedness otherwise applicable to the City of Portland 
fixed by the charter or the constitution of the State of Oregon, but shall be ex- 


cluded from said limitations. 
[Amendment of November 2, 1926] 


§ 341. POLICE AND TRAFFIC SIGNAL BONDS: 


The Council of the City of Portland is hereby authorized, in the name of and 
under the corporate seal of the city, to issue and sell bonds of the City of Portland, 
Oregon, in an amount not exceeding One Hundred Thousand Dollars ($100,000.00) 
of such denomination as the Council may determine and in such form as the Council 
shall select, with interest coupons attached thereto. The said bonds shall be signed 
by the Mayor and countersigned by the Auditor of the City of Portland, and each 
of said bonds shall have the signature of the Mayor and of the Auditor engraved 


[137] 


thereon; and the City of Portland by each of said bonds shall be held and considered, 
in substance and effect, to undertake and promise, in consideration of the premises, 
to pay to the bearer of each of said bonds at the expiration of the time specified 
therein the sum named therein in gold coin of the United States, together with 
interest thereon in like coin at the rate mentioned in the bond, which interest shall 
be payable half-yearly. The bonds hereby authorized may be issued serially, and 
all may be issued by the Council at one time, or any portion thereof may be issued 
from time to time, as the Council may elect, and shall be numbered beginning with 
number one and running consecutively through the total issue authorized by this 
section. At the time of providing for the issuance of all or any portion of the bonds 
hereby authorized, the Council shall determine the rate of interest to be paid thereon, 
which shall not exceed five per cent per annum, and shall fix the dates for redemp- 
tion of said bonds, which dates of redemption shall be not less than three years, 
nor more than ten years, from the date of such bonds. A prescribed portion of said 
bonds, to be designated by the Council, shall be redeemed each year beginning with 
the third year from the date thereof. The bonds designated for redemption in any 
one year shall not exceed 20 per cent of all of the bonds authorized by this section, 
based upon the par value thereof. Said bonds shall be designated as “Police Traffic 
Signal and Police Communication System Bonds of the City of Portland, Oregon, 
authorized 1926,” and shall be advertised for not less than two weeks and sold to 
the highest responsible bidder for not less than par and accrued interest. The 
Council, before advertising the sale of bonds, may provide that competition in bid- 
ding shall be partially or wholly upon the rate of interest, and, in that case, the 
rate shall be fixed according to the bid of the successful bidder, and the award 
shall be made upon the bid which is most advantageous to the city.. 

The Council may reject any and all bids tendered for same and proceed to re- 
advertise when bids are not satisfactory. The proceeds from the sale of the bonds 
herein provided for shall be expended by the Council in the purchase, equipment 
and installation of traffic signals in the streets of the City of Portland and in the 
purchase, equipment and installation of a general police communication system in 
the City of Portland, and in the payment of the cost of rights of way for under- 
ground work and other expenses incurred in connection with the purchase or con- 
demnation of rights of way and all engineering expense and such other incidental 
expenditures as may be incurred in the equipment and installation of traffic signals 
and the communication system. 

The Council is hereby authorized and empowered to acquire land for rights of 
way for the purposes above enumerated, either by direct purchase or in pursuance 
of condemnation proceedings as provided by the charter of the City of Portland, 
and/or the statutes of the State of Oregon. 

The amount of all of the bonds authorized by this act shall not be counted in 
calculating the limited indebtedness otherwise applicable to the City of Portland 
fixed by the charter or the constitution of the State of Oregon, but shall be ex- 


cluded from said limitations. 


[Amendment of November 2, 1926] 
Cr 


[ 138 ] 


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The Charter Ordinances 
of the 
City of Portland, Oregon 


THE CHARTER ORDINANCES OF THE CITY OF 
PORTLAND, OREGON 


Section 283 of the charter provides that so much of Sections 167 to 268, and 
287 to 305, both inclusive, and Sections 328 to 345, both inclusive, of the 1903 
charter, shall, where not inconsistent with the charter, remain in effect as ordin- 
ances, subject to repeal or amendment by the Council. 


Section 284 of the charter provides that Sections 346 to 350 as amended, both 
inclusive, and Sections 362 to 421, both inclusive, of the 1903 charter, shall also 
reman in full force and effect as ordinances. 


The Supreme Court of Oregon in Portland v. Blue, 77 Oregon 181; Portland v. 
State Bank, 107 Oregon 267; Spencer v. Portland, 114 Oregon 381; In re Shaw, 88 
Oregon 174; In re Boalt, 123 Oregon; and Portland v. Postill, 124 Oregon, has fully 
sustained the constitutionality of said charter ordinances. 

By authority of section 287 of the charter as adopted May 3, 1913, the Council 
has revised and arranged in sections said charter ordinances in such a manner 
that the provisions thereof are consistent with the present charter. 


The present charter of the City of Portland, Oregon, was originally enacted 
by the legislative assembly of the State of Oregon (Laws of Oregon 1903, p. 8). 


The charter as enacted by the legislative assembly provided for a council- 
manic form of government. On May 3, 1913, said legislative charter was amended 
by the voters of the City of Portland changing from councilmanic form /of govern- 
ment to commission form of government. 


By authority of Section 287, adopted May 3, 1913, and Ordinance No. 29350, 
passed August 19, 1914, as amended June 6, 1928, the Council has revised, arranged 
and renumbered the sections of said charter ordinances. 


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THE CHARTER ORDINANCES OF THE CITY OF 


CONIRH TR WON 


pt ee pt 
RON S 


sly Cas OU Se Ch 


- 


PORTLAND, OREGON 


GENERAL SUBJECTS 


Administrative 

Sections 
City A thor ney 20)... ce 2 ae I ty I ed a ee 1-7 
Preasurer oo ee Ce RI EN MM era Cee rake -f ie 
City: Engineer oo. si. eo 2 es eeke a0 tone ow elenina lela es S102 09, «ame ue te 
Judiciary—Municipal Courtei nic. iss ooh owe ve oe ee — 26-38 
Bureau ‘of Police. es 25 2S. Talat anh ee Pavel me EEN ac aE Se aa 39-54 
BUrea “Of wh retias wea te eee ee “ieee eee 55-64 
Bureau of Water Works... its. ait) gavamnie Soeisee ceca aaa 65-73 
Bureau’ of Health, . oovsigit ores oc dela sae ee 74-78 
Bureaw::of: Parkes ie bik chic Soe ble ae ate a ee eee 79-83 
Bureau of) Street: \Cleanine 0 oq. . ones ee ek cise 84-85 
Fharbor is 93 0s wie aie to hem hw baad cS wee Spa bh ote otra oa Peed eee 86-89 
Street, Lighting sa ane. ek eth nat Gen eae Se sa a bie Bio 90-100 
POUT ou ces cb etek im eV RN ei > Uh Be TUR ee ee 101-102 
Other . Officers... fey cian mae iia ae eee ne eee ier 103 

Local Improvement Code 
SETECTSS la ee pidien eet anes eee Os es Se Ce ahi Laabens tee pale 104 
Council invested with Jurisdiction over Streets, etc.............. 105 
Extension: of. Streets. 6. 8 Si ee ee 106-108 © 
Vacation “of "Streets 6.0055 2a oo aie. vw tints eet cade ee 109-111 
Sidewalks ys ss goss Sane ed dco tie ea Cow a ae eee aig eee 112-116 
Sewers? and  Drarns cy, era suas Gree Meh us ee Oo ee 117-121 
Improvement: of ‘Streets. 5805 ao 4 Wcinde re eee we el a ee 122-132 
Special Assessments ...fs (cso: fisse os ape ee, epee eee ee 133-161 
Miscellaneous 

Public. Improvements’: <0... oie has ee cehviig a b's Baca ses te 162 
Repair of ‘Streets joi co 65 Wace ee a vie ein ble Soe ee 163 
F'PANCHISES S05 hig hoo coe ela ae eerie teria a plelgel at a nN ete le eee an 164 


CONTENTS 


Administrative 
ARTICLE 1 
CITY ATTORNEY 


Tinie PeOnNEY wHISmOUATIBICATIONS Wo. ce diceccss ccceceece 
DUTIES OF CITY ATTORNEY; SALARY OF; GENERALLY..... 
Sere ete INL LD ATO Sy. ciel oe oa Sha ha us hae ae clea eue sme 


CITY ATTORNEY REQUIRED TO INSTITUTE SUITS, ETC....... 
SHALL DELIVER RECORDS TO HIS SUCCESSOR................ 


ARTICLE 2 
TREASURER 


TREASURER’S DEPUTY; CIVIL SERVICE RULES; COUNCIL TO 
Baan who Ot DE PUY AND -CLERKS...<.. 2000s son ok 
Lane Mee Lua) GRE ee rate Site Ue Pode cade nd se ak ee. 


TREASURER TO DEPOSIT IN BANKS DESIGNATED BY COUNCIL 
TREASURER TO MAKE MONTHLY STATEMENTS OF DEPOSIT 
LIABILITY OF TREASURER FOR DEPOSITED FUNDS.......... 
WHEN TREASURER SHALL KEEP POSSESSION OF FUNDS.... 
COUNCIL MAY REQUIRE ADDITIONAL SECURITY FROM BANKS 
TREASURER TO BE IN PERSONAL ATTENDANCE AT OFFICE; 

PMS) oS ch Di oS ele CATR ge Ae aia ARI Ae We Od Mee eR Oe 


CITY OFFICERS OR AGENTS TO PAY MONEY OF THE CITY TO 
TREASURERS PENALTY fF FOR” FAILURE}: 99 00. 6. Se). 


ARTICLE 3 
CITY ENGINEER 


CITY ENGINEER; HOW APPOINTED; QUALIFICATIONS OF.... 
Elly ENGINEER SSALARY: DEPUTIES: FEBS...........02..... 


CITY ENGINEER TO ACT FOR ALL BOARDS OR COMMISSIONS 


ARTICLE 4 
JUDICIARY—MUNICIPAL COURT 


§ 55. 


FEES WHEN ACTING AS JUSTICE OF THE PEACE............ 
COUNCIL TO APPOINT TEMPORARY JUDGE IN ABSENCE OF 
MUNICIPAL | JUDGE ores i ee ete 


eevee er ere ee eee 


ARTICLE 5 
BUREAU OF POLICE 


BUREAU OF POLICE; HOW ORGANIZED; COUNCIL TO MAKE 
RULES “AND |REGULATIONS . 3.5.2 33... ee eee 
BUREAU OF POLICE TO CONSIST OF CHIEF, CAPTAINS, ETC.; 
OATHS -OF OFFICE 0.46/02 eas a ies Oe coes ek eee 


DUTIES OF CHIEF OF POLICE; COUNCIL MAY SUSPEND MEM- 
BIGRS ae he a.6 Seals n 0 lect ale tee wa Oe ang cere en ee ee 
FEES TO BE PAID OVER TO TREASURER; RECORD OF ARRESTS 
FEES, REWARDS; EMPLOYMENT OF ATTORNEYS BY MEM- 
BERS OF POLICE FORCE; PENALTY FOR VIOLATION OF 
PROVISIONS ois st ost sak eel ele ary. 5 tes aah esis ere oe 
EXAMINATION OF PREMISES OF PAWNBROKER, JUNK SHOP 
OR SECOND-HAND DEALER... o.624.005.0-4 f0e ee 


cee ee eee 


RODD 250 ees Sa eee Ran eee ee 
COUNCIL IN EMERGENCY TO APPOINT TEMPORARY EM- 
PLOYES 00 05h Se eae le eee A 
COMMISSIONER IN CHARGE TO APPOINT ELIGIBLES FROM 
CIVIL SERVICE LIST TO: FILE: VACANCIES?:...3 240. eee 
GAMING AND LOTTERY HOUSES, OBSCENE PUBLIC AMUSE- 
MENTS—MAYOR AND COUNCIL TO SUPPRESS.............. 
SAME—CHIEF OF POLICE TO CAUSE PARTIES INTERESTED 
IN TO BE ARRESTED 2. oc haw oth eet eos ee ee 


ARTICLE 6 
BUREAU OF FIRE 


BUREAU OF FIRE; HOW ORGANIZED; SUBJECT TO CIVIL 
SERVICE RULES; AUTHORITY VESTED IN COUNCIL...... 
COUNCIL TO ORGANIZE BUREAU OF FIRE; APPOINTMENT OF 
ENGINEER AND EMPLOYES; POWER TO MAKE RULES 
AND REGULATIONS; CIVIL SERVICE RULES TO APPLY TO 
EVERY OFFICER AND MEMBER OF THE BUREAU 


eee ee eo we wo ww 
oee eee 


oer eee ee ewe eee ee wwe ee 


O76 .@ 0 eo. 0. 10:50 (0). le: © 0 e660 ee 


COMMISSIONER IN CHARGE OF THE BUREAU OF FIRE TO 
EXAMINE. AND ‘PASS: ON «PAYROUL: 2.503 4 eee 
COUNCIL IN EMERGENCY TO APPOINT TEMPORARY. EM- 
PLOYVES 36105 hig eee A ene 


QR 
si 


COn COP Or tr On COP (On (OP 


tor 
es 
Ned 


§ 74. 
§ 75. 
§ 76. 
§ 77. 
§ 78. 


§ 84. 


§ 85. 


§ 86. 
§ 87. 


§ 88. 
§ 89. 


DRM 
Se el 


a4 4 
Heelan 


ARTICLE 7 


BUREAU OF WATER WORKS 


COUNCIL TO HAVE CHARGE OF WATER PLANT................ 
CITY AUTHORIZED TO CONSTRUCT AND OPERATE WATER 
AUD NR ALR Popeye i alunsracl chs lie eg eae Da re rl RGA ae aN Ree Eee a 


MAYOR TO EXECUTE CONTRACTS AND SIGN ORDERS FOR 
IVE OOIN, Epes Petar ete re Sas 02's ss obese o gcale a ye 0 Ola eae 
TOU inves me TL ON Var CLEMO UM eee ieee ta ts rele cs aa we oes aio ne 
SENG PRUE Salen TRUGNWU aR OC Ni MUTA OBE. crm ecg ring atts raed ara a De aN ae 
COUNCIL; ITS POWER AND AUTHORITY; EMPLOYES; CIVIL 
SEUARAAR EOS 150 0 AUS 5 5 ue eit pete dis Aer cll eran A Ri a ea a 
STATEMENT OF RECEIPTS AND DISBURSEMENTS TO BE PUB- 
ARC P RA VIBS so. 36: Sym hte cath ell lr ae Ua igh Ie Ere 


ARTICLE 8 


BUREAU OF HEALTH 


COUNCIL TO APPOINT CITY PHYSICIAN AND HEALTH OFFICER 
CONC Uae Nema ol Li penne td at anise cca t Aeaketes Vata oct 
POWERS OF THE COUNCIL; RULES AND REGULATIONS....... 
PO UeE Uiersae) bats Wire Ae OE A ISDE Sate eeetaiciers ce acu icy te cw \h opens 
COMMISSIONER IN CHARGE OF BUREAU OF HEALTH TO AP- 

POINT OFFICERS AND NURSES; TO CONTROL SPREAD OF 

UNDE CE OD DIE oe Ah AE ae a Se rate SU ce Peg a a ene dk 


ARTICLE 9 


BUREAU OF PARKS 


ARTICLE 10 


BUREAU OF STREET CLEANING 


BUREAU OF STREET CLEANING—HOW ORGANIZED—COUNCIL 
OBE Agy lum Cr Grae be DIL OIG Lie crc. Wis face cies witin wells theless a6 
THE COMMISSIONER IN CHARGE TO EXAMINE AND PASS ON 
rhs YAky Chem eeePed A Tet slic En tea pha gee Bhca go shs ise Bi af elcisiclytel Ob Wheto chele > ole bis 


ARTICLE 11 


HARBOR 


COUNCIL TO HAVE CHARGE OF WATER FRONT; HARBOR 
IVEY ag Pkt eer a eee ee eet tn toe AMS Re soho es aaa 
RULES AND REGULATIONS FOR WATER FRONT; DUTIES OF 
TATE BOR BNE Aer Bit a one eWeek th cee keane Weave, ek wees bit. eet eee 


ARTICLE 12 
STREET LIGHTING 


DEFINITION OF “STREET”...... rpihalgt iw aftes ovo wn eee aie eae 
CITY MAY CONTRACT FOR LIGHTING FOR FIVE (5) YEARS; 
MAY PROVIDE ITS. OWN. PLANT. 235. oes se eee eee 
CITY MAY ISSUE BONDS TO:PROVIDE PLANT coos nah ee 
PROGEEDINGS. ON. CONTRACT FOR LIGHTING. 22 wees ee 
PROCEDURE: TO ACQUIRE. PUANT orcs <a cis cua, anos aed ee 
SPECIAL ELECTION TO 7 DECIDE: on. yey.si ates date ore eee 
CITY, ELECTRICIAN AND EMPLOY HS oxo. ci vo sas ties ere eee 
COUNCIL :TO HAVE. CHARGE. OF CITY LIGHTING: 3... 222. 
LIMIT OF EXPENSES: FOR: RIGHTING. 3. eek ee ee 
COUNCIL TO HAVE SUPERVISION OF WIRES, ETC............. 
. INJURING OR DESTROYING LIGHTING PROPERTY AN OF- 
FENSBE;. (PENALTY 270 ce pie a ae ain act alg at Ne eae 


tc 6 
eel ss 


Ur LN MUN UNO =D MD 
MPODDOOO OL 
G5 S00 Oa: Oe CO bo 


© 


POUND 


§.101.. POUND: (MASTER «5. G secrets obi, crrtecuceole © eka iee cote ane ae 
§ 102. RULES AND REGULATIONS; DUTY OF POUND MASTER...... 


ARTICLE 14 


OTHER OFFICERS 


§ 108. BOARDS AND COMMISSIONS TO SERVE WITHOUT PAY...... 


Local Improvement Code 
ARTICLE 1 


STREETS 


§. 104. ‘THE ‘TERM “STREET” > DEFINED. 22. fee oe eee ye 


ARTICLE 2 
COUNCIL INVESTED WITH JURISDICTION OVER STREETS, ETC. 


§' 105. POWER: OVER STRENT Seco ee ee ee 


ARTICLE 3 


EXTENSION OF STREETS 
§ 106. POWER OF COUNCIL EXTENDED TO BOULEVARDS, LANES, 
ALLEYS, ETO. 2 oo 5 occas eee hes chin wees ies tres, eee 
§ 107. ADDITIONAL METHOD OF OPENING STREET............... ese 
§ 108. REMONSTRANCE GRANTED TO PROPERTY OWNERS.......... 


r 148 J 


§ 109. 
§ 110. 
§ 111. 


§ 112. 
Seite. 
§ 114. 


§ 115. 
§ 116. 


§ 117. 
Saiie: 


§ 119. 
§ 120. 
§ 121. 


§ 122. 
§ 123. 
§ 124. 


§ 125. 
§ 126. 
§ 127. 
§ 128. 
§ 129. 


§ 130 


S151. 
§ 132. 


§ 133. 
§ 134. 
§ 135. 
§ 136. 
§ 137. 
§ 138. 
§ 139. 
§ 140. 
§ 141. 
§ 142. 
§ 143. 


ARTICLE 4 
VACATION OF STREETS 


SSAA SM RO fal chet still ne Eon ete kat oR vea™ LTac (p< till grab. Xi cola ches sp eh ae 9 eaten a « 


ARTICLE 5 


SIDEWALKS 


OWNERS TO REPAIR SIDEWALKS; NOTICE THEREOF........ 
rer ie OU) rears) Wire Poe RE ACT Scr chee «stat pies ave tae 'e ¢,0 ace Wafetin'e 
COUNCIL AUTHORITY OVER SIDEWALKS; ASSESSMENT FOR 

Bod tier VU ERC RG EL MOL Ly Ser estes iy Pope 55 ales Caliker Cheeta e's in! a elnrn. et 6 shel. code Ges? aioe 
cee Mew Ctr mets Oe CY Big Cr CIN OTSA LEN E82 in ie so sale ote,» be (ms Sueistni'es W's Ws 
Perea Crater mee RES MEIN LC ak OES Co Mgt at ole ie sh rireey pootata if O48 « Aaa 5 oui Veta ea ia 8 


ARTICLE 6 
SEWERS AND DRAINS 


COUNCIL MAY ORDER CONSTRUCTION OF SEWERS.......... 
CITY ENGINEER TO MAKE PLANS AND SPECIFICATIONS; DIS- 

SU) TREO ES ES oe CSTE Sha) GOI ANS CP en a a ee aa 
PAP Oe OF BRO EL DLO Nes INO LICH SS otk, snore ee wees as 
SOLA C4 Sg Md Eas Wa Oh Re gk eR Pe Cr Ae a 


ARTICLE 7 


IMPROVEMENT OF STREETS 


DEFINITION OF TERMS “IMPROVE” AND “IMPROVEMENT” 
PROCEVUUREAHORSIMPROVEMENT Siccc is val lee cae ile eee vs 
CITY ENGINEER TO MAKE PLANS AND SPECIFICATIONS; 
DD Tey Cte ees OLIN Ling ee a ted oe Pees oho ee Oe oo mds 
Pup GA ola mone bU LIONS NOTICES lus. 04. oo. yee eke 
Iss EARaN ee Ean Rae Cg eas pays Soe ny, vig elena eee So a's Sin wine comcsieiare k's ee 
JURISDICTION OF COUNCIL—WHEN ACQUIRED............ 
Cele me beer LIRA GL. Pes ceccee. cee es chee be au wt le 
TG es ee ON = ACO D TANG Oe Soc. ges te be eg clos 0 
DPE CRY PovaG ie Va u ME tiene pero ne eRe tae tats a's ase ee se 
KINDS OF IMPROVEMENTS CLASSIFIED; STREET REPAIRS 
ERO C METI E RS ode R Ud SL DS a sl i oa Oy Od Cog 8 dl yO) poe 


ARTICLE 8 
SPECIAL ASSESSMENTS 


ESTIMATE OF COST AND APPORTIONMENT; NOTICE........ 
eee Pasa Ein AMO Meme Enis (urease LE eset Oh, Soa cs Soca ain x! die «ech aime md?a' sania shaves 
Eee emer NE Med ey MCLE EO OURS LD eo 5s aici oie Wate, wracter wage ale «Sep 4 /ahm) ©) ee, 0% 
DLE RS Wy COMES Bg fo LA a DO BES eae ee ee 
DOCKETING AND PUBLICATION OF ASSESSMENT............ 
MFO GL SD BoC MER SRVEEARL BOM ptcctor Baier Adisvers asia may sig. no atate Mae ates os Cee 
Sst Hea) See eve Pann EN LEG NGL Mee ACY MERGING Dt stew a dik oy eeieie oot sa tib ete » 
PAYMENT) BY LIEN CREDITOR ss. feigivii: Miter ee ns «eee 
REE OS ig BENS sd Boley 8 i Fe rp cia a 


§ 144, 
§ 145. 
§ 146. 
§ 147, 
§ 148, 
§ 149, 
§ 150. 
§ 151. 
§ 152. 
§ 153. 


§ 154, 
§ 155. 


§ 156. 


§ 157. 
§ 158. 
§ 159. 


§ 160. 


§ 161. 


§ 162. 


§ 163. 


§ 164. 


SALE FOR UNPAED ASSESSMENT Sch. (205 stntu.. iene eee 
RECEIPTS :OF - TREASURER. oo). s:s i. oa-cc cates ccc. clean 


TREASURER’S RETURN: UNSOLD PROPERTY < 2:2 ..0..0+ see 
REDEMPTION 0 foo Sea oienata saetsey aie. oye oresa ieee eee 
DEED; EPFECT. THER POW coc. tetas se ns ee ee 
LIMITATION OF ACTIONS THEREON; TENDER OF TAX........ 
NOTICES—FAILURE IN, NOTCPATAL «0.0 5 oc ss eee a eee 
LIABILITY OF THE CITY AND ITS OFFICERS FOR EXPENSE 

OF STREET WORK «52.0 sgh. com chit aie one ee 


JUDGMENT; COST AND {FEES (Oy aes ae. o ae tee 
PROCEEDINGS UNDER PREVIOUS CURATIVE CLAUSE........ 
PROCEEDINGS’ PRESUMED: REGULAR’. .4.°.2. 0.024) eee 
BONDED ASSESSMENTS ON TRACTS OF LAND; SUBDIVISION 

OF .ASSESSMENT Sw. 057.55 eee nm. s lea ea orm ee 


Miscellaneous 
ARTICLE 1 
PUBLIC IMPROVEMENTS 
COUNCIL TO HAVE CHARGE OF PUBLIC IMPROVEMENTS.... 


ARTICLE 2 
REPAIR OF STREETS 
COUNCIL TO CAUSE STREETS TO BE REPAIRED............ 


ARTICLE 3 
FRANCHISES 


COUNCIL TO REGULATE FRANCHISE IN STREETS, AND OPER- 
ATIONS. THEREON: 025-905 sons nod eae ee eee ee 


THE CHARTER ORDINANCES OF THE CITY OF 


PORTLAND, OREGON 


Administrative 


ARTICLE 1, CITY ATTORNEY. 


(OP (OR (OP LO? “OP? (OR LP 


PETE b ESA Mon prada 32 ae 


CITY ATTORNEY; HIS QUALIFICATIONS. 

DUTIES OF CITY ATTORNEY; SALARY OF; GENERALLY. 
SAME—IN MUNICIPAL COURT. 

COUNCIL TO PROVIDE OFFICE FOR CITY ATTORNEY. 
CITY ATTORNEY’S RECORDS. 

CITY ATTORNEY REQUIRED TO INSTITUTE SUITS, ETC. 
SHALL DELIVER RECORDS TO HIS SUCCESSOR. 


[ 150 ] 


§ 1. CITY ATTORNEY; HIS QUALIFICATIONS: 


The City Attorney shall be an attorney of the Supreme Court of the State of 
Oregon and shall be an elector of the City and of the State of Oregon at the time 
of his appointment, and must have been such for at least five years preceding such 
time. He shall be appointed by the Council in accordance with the provisions of 


the Charter and shall serve during the pleasure of the Council. 
[§340, 1903 Charter; see §81, Charter, Adopted May 3, 1913.] 


§ 2. DUTIES OF CITY ATTORNEY; SALARY OF; GENERALLY: 


The City Attorney must attend to, and shall, subject to the direction of the 
Council, have control of all actions, suits or proceedings in which the City is le- 
gally interested, and must attend to the prosecution of every person charged with 
the violation of a City ordinance, or of any regulations adopted under authority 
of the Charter, or with the commission of a misdemeanor as declared by the 
Charter or by virtue of its authority. In any prosecution for violation of any reg- 
ulation adopted by any board created by the Charter, the City Attorney shall act 
under the directions of such board, subject to such paramount control as is given 
to the Council by the Charter. 

He shall prepare for execution all contracts, bonds or other instruments to which 
the City is a party; he shall give his advice and opinion in writing concerning 
any matter in which the City is interested when required by the Mayor, any board 
or body, Council or any committee of the Council; he may have one or more depu- 
ties, to be appointed by him in writing and to continue during his pleasure, the 
number and compensation of such deputies to be fixed by the Council. The salary 
of the City Attorney shall be fixed by the Council payable in monthly installments 


out of the City Treasury. 
[§341, 1903 Charter.] 


§ 3. SAME—IN MUNICIPAL COURT: 


It shall be the duty of the City Attorney in person or by deputy to pyosecute 
without charge, other than the salary paid him as City Attorney or deputy, all 
causes brought before the Municipal Court for any violation of the ordinances of the 
City, or of regulations adopted under the authority of the Charter, or for the com- 


mission of any misdemeanor as declared by the Charter or by virtue of its authority. 
[§342, 1903 Charter. ] 


§ 4. COUNCIL TO PROVIDE OFFICE FOR CITY ATTORNEY: 


The City Attorney shall have his office and headquarters in such rooms in the 
City Hall as the Council may designate, to be provided and furnished at the ex- 
pense of the City, which shall be open on all business days during such hours as 
the Council shall fix. 

[§342, 1903 Charter.] 


§ 5. CITY ATTORNEY’S RECORDS: 


The City Attorney shall have charge and custody of said office and of all legal 
papers pertaining thereto, which shall be arranged and indexed by him in such 
convenient and orderly manner as to be at all times readily accessible. He shall 
keep in said office a complete docket and duplicate pleadings of all suits, actions or 
proceedings in which the City or any department or official thereof is interested, 
pending in any court or tribunal, upon which docket such appropriate entries shall 
be made as to show at all times the condition of each one of such cases. He shall 
also keep and record in a book to be provided for that purpose, the original or du- 
plicate copies of all written opinions furnished by him to the City, or to any depart- 
ment or official thereof, and also of all certificates of titles furnished to the City, 


[ 151 ] 


or any department or official thereof by him, and all abstracts of titles which shall 
hereafter be furnished to or obtained by the City. He shall also procure, as far as 
possible, all legal opinions and abstracts of title which have heretofore been fur- 
nished to the City, or any department or official thereof, and) shall file and arrange 
such opinions and abstracts in such manner and order as to be at all times readily 
accessible, and shall make and preserve an index thereof. He shall also procure 
all law books heretofore purchased by the City and in the possession of any law 
officer or ex-law officer of the City or other person, and mark them and arrange 


them in a proper bookcase. 
[§343, 1903 Charter.] 


§ 6 CITY ATTORNEY REQUIRED TO INSTITUTE SUITS, ETC.: 


The City Attorney shall have authority, upon the written direction of the Coun- 
cil, to institute upon behalf of the City, or any board or commission of the City, 
any suit, action or proceeding, in any court or tribunal, local, State of Federal. All 
appeals on behalf of the City to the Circuit Court of the State of Oregon, in Mu- 
nicipal cases, shall be taken by the City Attorney when by him deemed advisable. 
All other appeals on behalf of the City shall be taken by the City Attorney only 
upon the written direction of the Council. 

[§344, 1903 Charter.] 


§ 7. SHALL DELIVER RECORDS TO HIS SUCCESSOR: 


He shall deliver all books and records, reports, documents, papers, statutes, law 
books and property of every description in his possession, belonging to his office, 
or to the city, to his successor in office, who shall give him duplicate receipts ‘there- 
for, one of which he shall file with the Auditor. 

[§345, 1903 Charter. ] 


ARTICLE 2. TREASURER. 


8. TREASURER—QUALIFICATIONS. 

9. SALARY OF TREASURER—HIS BOND. 

0. TREASURER’S DEPUTY; CIVIL SERVICE RULES; COUNCIL TO FIX 

SALARIES OF DEPUTY AND CLERKS. 

§ 11. DUTIES OF TREASURER. 

§ 12. TREASURER NOT TO LEND CITY MONEY. 

§ 183. BANKS MAY APPLY FOR DEPOSITS. 

§ 14. TREASURER TO DEPOSIT IN BANKS DESIGNATED BY COUNCIL. 

§ 15. TREASURER TO MAKE MONTHLY STATEMENTS OF DEPOSIT. 

§ 16. LIABILITY OF TREASURER FOR DEPOSITED FUNDS. 

§ 17. WHEN TREASURER SHALL KEEP POSSESSION OF FUNDS. 

§ 18. COUNCIL MAY REQUIRE ADDITIONAL SECURITY FROM BANKS. 

§ 19. TREASURER TO BE IN PERSONAL ATTENDANCE AT OFFICE; 
FEES. 

§ 20. RECEIPTS—HOW ISSUED BY TREASURER. 

§ 21. CITY OFFICERS OR AGENTS TO PAY MONEY OF THE CITY TO 
TREASURER; PENALTY FOR FAILURE. | 


§ 8. TREASURER—QUALIFICATIONS: 


There shall be a Treasurer of the City of Portland, who shall have been a duly 
qualified voter of said city for at least five years next preceding his appointment. 
He shall be appointed by the Council in accordance with the provisions of the Char- 


ter and shall serve during the pleasure of the Council. 
[§288, 1903 Charter; see §81, Charter Adopted May 8, 1913.] 


[ 152 ] 


§ 9. SALARY OF TREASURER—HIS BOND: 


He shall receive an anual salary to be fixed by the Council payable monthly out 
of the General Fund in the same manner as other salaries are paid. He shall give 
a bond of some surety company or companies to be approved by the Mayor in the 
sum of one hundred thousand; dollars to secure the faithful performance of his duties. 

[§289, 1903 Charter.] 


§ 10. TREASURER’S DEPUTY; CIVIL SERVICE RULES; COUNCIL TO FIX 
SALARIES OF DEPUTY AND CLERKS: 


The appointing authority may appoint one deputy Treasurer to continue in of- 
fice during his pleasure and, subject to the Civil Service Rules, such clerks as may 
be necessary. The salary of said deputy and the number and compensation of said 


clerks shall be fixed by the Council. 
[§290, 1903 Charter.] 


§ 11. DUTIES OF TREASURER: 


The Treasurer is receiver of taxes, and shall receive and keep all moneys that 
shall come to the city by taxation or otherwise, and pay out the same as now or as 
may hereafter be provided by ordinance. He must keep an account with the General 
Fund and a separate account with each special fund that may be raiséd for any 
specific object, and when a warrant is drawn on any particular fund it shall be paid 
out of such fund only. The Treasurer shall make a semi-annual statement to the 
Council, showing the receipts and disbursements and the state of each particular 
fund at the close of business on the 31st day of May of each year, and shall also 
prepare and transmit to the Council on or before the 15th day of December of each 
year a report of the receipts and disbursements of the city for the fiscal year end- 
ing on the 30th day of November next preceding and the state of each fund at 
the close of business on said 30th day of November, and shall file the same with 
the Auditor. Such report must be published by the Auditor in such manner as may 


be prescribed by ordinance. 
_[§291, 1903 Charter, as Amended by Ordinance 46927.] 


§ 12, TREASURER NOT TO LEND CITY MONEY: 


Except as hereinafter provided, the Treasurer shall not lend, use or deposit any 
of the moneys received by him as such Treasurer or any part thereof, to or with 
any bank, banker, corporation or person, nor shall he pay out any part of such 
moneys nor allow the same to pass out of his personal custody, except as authorized 
by law or the Charter. If the Treasurer shall violate any of the provisions of this 
section he shall be deemed guilty of misconduct in office and be liable to removal 


therefrom and be proceeded against accordingly. 
[§292, 1903 Charter.] 


§ 13. BANKS MAY APPLY FOR DEPOSITS: 


Any bank in the City of Portland with a paid-up capital of twenty-five thousand 
dollars, which desires to receive on deposit a portion of the city funds, shall file with 
the City Treasurer an application for such deposits. Such application shall state: 

_ First—The amount and character of security the bank has to offer; and 

Second—The rates of interest the bank will pay on open account and on time 
certificates of deposit. 

The Treasurer shall present such application, together with his recommendation, 
to the Council. The Council shall thereupon determine what bank or banks shall re- 
ceive the city funds and be designated as depositaries of the city. The bank or 
banks receiving such deposits from the city will be required to deposit with the 
Treasurer either: United States Government Bonds; United States Certificates of 
Indebtedness; bonds of the City of Portland, City of Portland Certificates of In. 


[ 153 ] 


debtednesss; bonds of the Port of Portland, School District No. 1 of Multnomah 
County, in the State of Oregon, Bridge Bonds of the County of Multnomah, the face 
value of which must be at all times equal to the amount of money on deposit by the 
city with said bank or banks; or bonds of any other city, county, municipality or 
school district within the State of Oregon, or well recognized railroad or street railway 
bonds, the interest upon which has not been in default for a period of six years 
prior to the offering of such bonds as security, and the market value of which is 
such that the net returns from the bond is no greater than five per cent, per annum. 


Where state, county, municipal or school bonds, railroad or street railway bonds, 
except United States Government bonds, United States Certificates of Indebtedness, 
bonds of the City of Portland, City of Portland Certificates of Indebtedness, bonds 
of the Port of Portland, School District No. 1, of Multnomah County in the State 
of Oregon, or Bridge Bonds of Multnomah County, are offered as security, the market. 
value of the same at all times shall be kept not less than one and one-quarter times the 
amount of the city deposit in said bank or banks. 


The Council shall determine the relative value of all securities offered, and 
when the same rate of interest is bid, the Council shall give preference to the bank 
or banks offering bonds or certificates of indebtedness of the United States Govern- 
ment, bonds of the City of Portland, City of Portland Certificates of indebtedness, 
bonds of the Port of Portland, School District No. 1, of Multnomah County in the 
State of Oregon, or Bridge Bonds of Multnomah County, Oregon, as security. The 


Council may at its option reject any securities offered. 
[§293, 1903 Charter as Amended by Ordinances Nos. 29738, 30668, 32896, 45146, 39555.] 


§ 14. TREASURER TO DEPOSIT IN BANKS DESIGNATED BY COUNCIL: 


After the Council designates what bank or banks are city depositaries all the 
funds then in the hands of the City Treasurer, or thereafter received by him, shall 
be deposited in the banks so designated, in the name of the City of Portland, and 
subject to the order of the City Treasurer. All interest upon city funds shall be 
paid to the city. 

[§294, 1903 Charter.] 


§ 15. TREASURER TO MAKE MONTHLY STATEMENTS OF DEPOSIT: 


The Treasurer shall make monthly statements of the amount of moneys de- 
posited, as hereinbefore provided, giving separately the amounts deposited on open 
account and in interest-bearing certificates in each bank, and shall file such state- 
ments with the Auditor, who shall present the same to the Council at its next reg- 
ular meeting thereafter. The Treasurer shall furnish a copy of such report, together 
with a statement of the amount and kind of security pledged for such deposits, to 


any newspaper applying therefor. 
[§295, 1908 Charter.] 


§ 16. LIABILITY OF TREASURER FOR DEPOSITED FUNDS: 


When the funds in the hands of the Treasurer shall be deposited, as hereinbefore 
provided, such Treasurer shall be exempt from all liability therefor by reason of 
the loss of any such deposited funds, from the failure, bankruptcy or any other acts 
of any such banks or bankers, to the extent and amount of such funds in the hands 
of such bank or bankers at the time of such failure or bankruptcy, but for no cause 
shall he be discharged from his liability to the City for the care and custody of the 
securities deposited with him by the banks or bankers acting as depositaries of the 


City funds. 
[§296, 1903 Charter.] 


[ 154 ] 


§ 17. WHEN TREASURER SHALL KEEP POSSESSION OF FUNDS: 


If no bank or banks will agree to take the money of the City on deposit on 
terms satisfactory to the Council, as provided by law, the Treasurer shall keep the 


same in cash in his own possession. 
[§297, 1903 Charter.] 


§ 18, COUNCIL MAY REQUIRE ADDITIONAL SECURITY FROM BANKS: 


Whenever from any cause the Council shall deem the securities pledged by any 
bank insufficient and inadequate security for the funds of the City deposited with 
such bank, the Council shall require other or additional securities to be given by 
such bank to be approved by the Council; and if such bank shall fail promptly to 
furnish such securities the Treasurer at once shall withdraw all deposits from such 
bank and such bank shall cease to be a depositary of the City funds until it shall 
be reinstated as such by vote of the Council after it has deposited securities sat- 


isfactory to the Council. 
[§298, 1903 Charter.] 


§ 19. TREASURER TO BE IN PERSONAL ATTENDANCE AT OFFICE; FEES: 


The Treasurer shall be in personal attendance at his office each day during 
office hours. No fees of any. kind shall be retained by him, but the same from 


whatsoever source received or derived shall be paid by him into the treasury. 
[§299, 1903 Charter.] 


§ 20. RECEIPTS—HOW ISSUED BY TREASURER: 


The Treasurer, on receiving any money into the Treasury, shall make out and 
sign two receipts for the money, such receipts shall be alike, except that upon the 
face of one of them shall appear the word “Original” and upon the face of the 
other shall appear the word “Duplicate.” Such receipts shall be numbered and 
dated, and shall specify the amount, on what account and from what person or 
officer received, and into what fund or on what account paid. The Treasurer shall 
enter upon the stubs of such receipts a memorandum of the contents thereof, and 
deliver the receipt marked “Original” to the person or officer paying such money 
into the Treasury, and forthwith deliver the receipt marked “Duplicate” to the 
Auditor, who shall write upon its face the date of its delivery to him, and charge 


the Treasurer with the amount specified therein, and file the receipt in his office. 
[§300, 1903 Charter.] 


§ 21. CITY OFFICERS OR AGENTS TO PAY MONEY OF THE CITY TO 
TREASURER; PENALTY FOR FAILURE: 


Any office or agent of this City or other person who shall receive or have in 
his hands any money belonging to the City, shall immediately pay the same to the 
Treasurer and a receipt thereof in duplicate shall be issued and one of the receipts 
shall be delivered to the Auditor by the Treasurer. If any such officer, agent or 
other person shall fail to pay to the Treasurer any money so received, for more 
than forty-eight hours after the money shall have been received by him, such of- 
ficer, agent or other person shall forfeit to the City double the amount of money 
so received, to be recovered by civil action brought by the City against him in a 


court of competent jurisdiction. 
[§301, 1903 Charter.] 


[ 155 J 


ARTICLE 3. CITY ENGINEER. 


§ 22, CITY ENGINEER; HOW APPOINTED; QUALIFICATIONS OF. 
§ 23. CITY ENGINEER; SALARY; DEPUTIES; FEES. 

§ 24. DUTIES OF CITY ENGINEER; FILING OF PLATS. - 

§ 25. CITY ENGINEER TO ACT FOR ALL BOARDS OR COMMISSIONS. 


§ 22. CITY ENGINEER; HOW APPOINTED; QUALIFICATIONS OF: 


There shall be a City Engineer of the City of Portland, who shall have been a 
duly qualified voter of said City; he shall be appointed and may be removed by 
the Council in accordance with the provisions of the charter. He must have been 
in the practice of his profession for not less than ten years, and have had respons- 


ible charge of work for at least five years. 
[§302, 1908 Charter; See §81, Charter Adopted May 3, 1913.] 


§ 23. CITY ENGINEER; SALARY; DEPUTIES; FEES. 


The appointing authority shall appoint one or more deputies for the City 
Engineer and such other employes as may be necessary, subject to the civil service 
rules of the charter. The salary of the City Engineer shall be fixed by the Coun- 
cil, and the number and salaries of the deputies and employes of the department 
shall be determined by the Council. The City Engineer shall serve the City ex- 
clusively, and shall not be engaged in other business while he is in its service. He 
shall receive no compensation other than his salary. The Council, by resolution, 
shall establish fees and charges for the services to be performed by the City En- 
gineer for persons, companies, counties and corporations, and may from time to time 
change and adjust the same. The City Engineer shall require such fees or charges 
to be paid in advance for any act or service demanded of him, and such money thus 


paid shall be paid to the Treasurer and credited by him to the general fund. 
[§3038, 1903 Charter. ] 


§ 24. DUTIES OF CITY ENGINEER; FILING OF PLATS: 


The City Engineer shall keep himself informed of the condition of all public 
streets, squares, parks, grounds, highways, bridges, sewers and street lights, and 
all plans and specifications for the construction, improvement or repair thereof 
shall be made by him or under his supervision; and he shall have supervision of all 
surveys of streets, squares and parks, and all construction, improvements and repairs 
herein specified, whether such work be done by contract or otherwise. Before any 
ordinance is passed for the improvement of any street, highway or elevated roadway, 
he shall certify in writing to the Council as to the suitability of such proposed im- 
provement, to the needs and requirements of the City; he shall see that the pro- 
visions of all contracts, ordinances and regulations relating to the construction, 
improvement and repair of streets and property herein designated are strictly com- 
plied with, and no claim for work as herein specified shall be allowed or paid out of 
the City Treasury without the certificate of the City Engineer that said work 
has been done to his satisfaction; but any contractor or property owner feeling 
himself aggrieved by the determination of the City Engineer may appeal to the 
Council, and if upon such appeal it be determined that such work was done well 
and faithfully according to contract, the Council may accept said work and direct 
that the same be paid for. 


The City Engineer shall keep proper records of all matters relating to the 
business of his office, and report to the boards, commissions or the Council from 
time to time such suggestions and recommendations as to matters connected with 
his bureau as he may deem expedient. It shall be the duty of the City Engineer 
to make all surveys, plans, specifications, maps and estimates for all the public 
works in the City or on property belonging to the City, and to perform such other 
duties as may be required of him by the Council or ordinances of said City, 


[ 156 ] 


No new plat of lands within the City nor of any addition to the same, shall be 
filed for record, nor shall any street, alley or other way be dedicated, until the 
plat or dedication shall have been submitted to the City Engineer, together with 
proof that all taxes and special assessments on the property included have been 
paid, or application to pay the same under the provisions of the bonding act has 
been accepted, and until he shall have endorsed thereon his certificate that the 
taxes and street assessments appear to have been paid, or payment provided for 
under the bonding act, and that the plan of such lands, addition, street or way is of 
a suitable and convenient character. Any person aggrieved by the failure or re- 
fusal of the City Engineer to certify a plat or dedication may appeal to the Council, 
which shall hear and determine the matter with all convenient speed, and if it 
reverse his decision a certified copy of the resolution declaring such action shall 
be attached to the plat or dedication in lieu of the certificate, 


And when the Council shall determine, upon the certificate of the City Engineer 
or otherwise, that the plan of any addition or of any plat or dedication is improper 
or unsuitable it may, by resolution, require the filing of a new plat subject to the 
conditions hereinbefore set forth, as a condition to the establishment of any grade, or 


the improvement of any street in such addition. 
[§304, 1903 Charter.] 


§ 25. CITY ENGINEER TO ACT FOR ALL BOARDS OR COMMISSIONS: 


The City Engineer shall be the consulting engineer of all boards and commis- 
sions authorized by the Charter or created hereafter in pursuance thereof, but he 
shall receive no compensation or salary therefor other than his salary as City 


Engineer. 
[§305, 1903 Charter.] 


ARTICLE 4. JUDICIARY—MUNICIPAL COURT. 


§ 26. MUNICIPAL COURT CREATED. 

§ 27. MUNICIPAL COURT DEPARTMENTS, PRESIDING JUDGE. 
§ 28. RULES OF COURT. 

§ 29. JURISDICTION OF MUNICIPAL COURT. 

§ 30. MUNICIPAL JUDGES—QUALIFICATIONS, 


§ 31. CLERK OF MUNICIPAL COURT; APPOINTMENTS; HIS DUTIES; 
RECORDS. 

§ 32. PROCEEDINGS IN MUNICIPAL COURT; JURY TRIALS. 

§ 33. FINES, COSTS, FEES AND EXPENSES RECOVERED TO BE PAID 
TO TREASURER. 

§ 34. FEES WHEN ACTING AS JUSTICE OF THE PEACE. 

§ 35. COUNCIL TO APPOINT TEMPORARY JUDGE IN ABSENCE OF 
MUNICIPAL JUDGE. 

§ 36. APPEALS FROM MUNICIPAL COURT. 

§ 37. PENDING PROCEEDINGS IN MUNICIPAL COURT. 

§ 88, REMOVAL OF MUNICIPAL JUDGE; HIS SUCCESSOR. 


§ 26. MUNICIPAL COURT CREATED: 


There is hereby created a Municipal Court for the City of Portland, which shall 
be known and described as the “Municipal Court for the City of Portland,” which 


shall be a court of record, having a seal. 
[§328, 1903 Charter.] 


[ 157 ] 


§ 27. MUNICIPAL COURT DEPARTMENTS—PRESIDING JUDGE: 


There shall be two departments in the Municipal Court designated as Depart- 
ment No. 1 and Department No. 2, each presided over by a judge of said Municipal 
Court. The municipal judge older in time of service shall be presiding judge and 
shall have power to assign or reassign to the two departments of the court all 


matters before the Court. 
[§328-1, 1903 Charter as Amended by Ordinance No. 463896.] 


§ 28. RULES OF COURT: 


The Municipal Judges shall have power to make and promulgate rules of court. 
[§828-2, 1903 Charter as Amended by Ordinance No. 463896.] 


§ 29. JURISDICTION OF MUNICIPAL COURT. 


Said Municipal Court shall have jurisdiction of all crimes defined by ordinances 
of the City of Portland and of all actions brought to enforce or recover any for- 
feiture or penalty declared or given by any such ordinance; and shall likewise have 
within the City of Portland the jurisdiction and authority of a justice of the peace 
and committing magistrate, and shall be subject to all of the general laws of the 
State prescribing the duties of a justice of the peace and the mode of performing 
them, except as herein otherwise provided. The powers, duties and jurisdiction herein 
conferred upon such Municipal Court may be exercised by the judge thereof, his 
successor or a person appointed by the Mayor to preside as such judge as hereinafter 


provided. 
[§3829, 1903 Charter.] 


§ 30. MUNICIPAL JUDGES—QUALIFICATIONS: 


Each judge of the Municipal Court shall be an attorney of the Supreme Court 
of the State of Oregon and must have been an elector of the city and state for at 
least five years preceding his appointment. The Council shall appoint the municipal 


judges and fix their salaries and each judge receive the same salary. 
[§330, 1903 Charter as Amended by Ordinance No. 46396; see §81, Charter Adopted May 3, 1913.] 


§ 31. CLERK OF MUNICIPAL COURT; APPOINTMENT; HIS DUTIES; 
RECORDS: 


The proper appointing authority is authorized and empowered to appoint a clerk 
of said Court who shall perform the duties as clerk of said court and of the Police 
Department. He shall record all the proceedings of said Court in convenient books 
or records kept by him for that purpose. The records so kept shall be public rec- 
ords, subject to examination and inspection as other public records. Said clerk 
shall be subject to the civil service rules. The clerk of the Municipal Court shall 
receive a salary to be fixed by the Council, payable out of the general fund, in the 
same manner as other salaries are paid out of said fund. He shall have power, 
and it shall be his duty to take oaths and affidavits; to file, keep, and preserve the 
records and files of the Court to receive for and in behalf of the Court or the judges 
thereof, and subject to the direction of the presiding judge, money deposited for 
bail, all fines and costs imposed by the Court or judges thereof; to keep the seal 
of the Court and affix it to any process, transcript, certificate, or paper, as required 
by law, and to perform other duties required of him by the presiding Judge. He 
shall execute a bond in such sum as the Council may order, to be approved by the 
Mayor, conditioned for the faithful performance of his duties, which shall run to the 
City of Portland and to whomsoever it may concern, and such bond shall be filed with 


the Mayor. 
[§331, 1903 Charter as Amended June 5, 1905.] 


[158] 


§ 32. PROCEEDINGS IN MUNICIPAL COURT; JURY TRIALS: 


All proceedings before the Court or judges thereof, including all proceedings 
for the violation of any city ordinance, are governed and regulated by the general 
laws of the state applicable to the justice of the peace or justices’ courts in like or 
similar cases, except as in the charter otherwise provided; but in a proceeding for 
the violation of a city ordinance, the defendant shall appear in person for trial, 
unless a satisfactory showing is made to the Court that defendant is unable to 
appear for reasons beyond his control, in which event the Court may in its discre- 
tion permit defendant to appear by attorney only; provided, however, that judg- 
ment may be given in the absence of defendant with the same force and effect as if 
he were present. The trial shall be before the judge and without a jury unless 
the defendant, on demanding a jury, shall deposit in court a sum sufficient to pay 
the per diem of such a jury for one day. The jurors summoned or serving in said 
Court shall be paid the same per diem and mileage as is required to be paid jurors 
serving in justices’ courts, the same to be paid out of the City Treasury, the Judge 
of said Municipal Court to issue certificates of the amount due for said service, 
the same to be presented to the Auditor and warrants therefor drawn upon the 


Treasurer in the manner provided by the Council. 
[§332, 1903 Charter as Amended by Ordinance No. 44723.] 


§ 33. FINES, COSTS, FEES AND EXPENSES RECOVERED TO BE PAID TO 
TREASURER: 


All fines, costs, fees and expenses taxed against or received from any defend- 
ant in a criminal proceeding before the Court or Judges thereof, either for the vio- 
lation of a city ordinance or law of the State, shall, when received or collected, be 
paid by said judges to the Treasurer, who shall give him duplicate receipts therefor, 
one of which shall be filed with the Auditor; and all fines imposed by the Court or 
judges and penalties recovered before either for a violation of a city ordinance or 
a law of the State, shall, when received or collected, be disposed of by him in like 
manner, and said judges shall not be entitled to have or receive any fee or com- 
pensation for any act by him done or performed, or by virtue of the Charter, other 


than the salary herein provided. 
[§333, 1903 Charter.] 


§ 34. FEES WHEN ACTING AS JUSTICE OF THE PEACE: 


When any service authorized by law to be performed by a justice of the peace 
shall be performed by the Municipal Court or Judges thereof, there must be taxed 
and collected therefor the fees or compensation prescribed by law to be charged by 
a justice of the peace for such services, and all such fees and compensation shall 


be paid over to the Treasurer as is elsewhere provided. 
[§334, 1903 Charter.]. 


§ 35. COUNCIL TO APPOINT TEMPORARY JUDGE IN ABSENCE OF MU- 
NICIPAL JUDGE: 


In case of illness or temporary absence of a Municipal Judge, the Council may des- 
ignate any person having the qualifications of such Judge to act as Municipal Judge; 
he shall forthwith take the oath of office and perform the duties of such Judge 
during such temporary absence or disability. Such substitute shall be paid by the 
city at the same rate as a municipal judge during the time of such temporary service, 
which amount shall be deducted from the salary of the judge for whom he is a 


substitute. 
[§335, 1903 Charter as Amended by Ordinance No. 46396.] 


Pt59%] 


§ 36. APPEALS FROM MUNICIPAL COURT: 


Except as hereinafter stated, appeals may be taken and shall be allowed from 
final judgments rendered in the Municipal Court in all actions, both civil and crim- 
inal, under the same circumstances, on the same conditions, in the same manner, 
and with like effect, that, under the laws existing at the time of the rendition of 
any such judgment, appeals may be taken and shall be allowed from final judgments 
rendered in similar actions in justices’ courts. Any defendant who is convicted of 
any crime defined or created by the charter, or of a violation of any ordinance, rule 
or regulation of the City of Portland, and is sentenced to any imprisonment or to 
pay a fine exceeding twenty dollars, may, within five days from the date of such 
conviction and judgment, appeal to the Circuit Court of Multnomah County by 
serving upon the City Attorney and filing in said Municipal Court a written notice 
of appeal and an undertaking on appeal, signed by the defendant as principal and 
with one or more sureties, to be approved by the Municipal Judge imposing such 
sentence, which undertaking shall be to the effect that such defendant and appellant 
shall pay all costs awarded against him on the appeal and render himself in exe- 
cution of any judgment rendered against him on the apipeal. Before said notice 
of appeal and undertaking shall be filed by the Clerk of the Municipal Court, the 
defendant shall pay to the Clerk a fee of $1.00 for preparing and certifying the 
transcript; provided, however, that on satisfactory showing that defendant is fi- 
nancially unable to. pay such fee, the Judge of the Municipal Court imposing such 
sentence may order such transcript to be prepared at the expense of the city. 
The transcript shall contain the original or a certified copy of the bond furnished 
by defendant to insure his appearance in the Circuit Court and if such bond be a 
cash bond the amount thereof shall be deposited with the Clerk of the Circuit Court 
before the transcript is filed. From the filing of the transcript with the Clerk 
of the Circuit Court, the appeal is perfected, and the cause is to be deemed pending 
therein and for trial upon the issue tried in the Municipal Court. 

The City may appeal to said Circuit Court from any final judgment in any such 
criminal action by serving upon the defendant or his attorney and filing in said 
Municipal Court a written notice of appeal, within five (5) days from the date of 


the rendition of such final judgment. 
[§336, 1903 Charter as Amended by Ordinance No. 46188.] 


§ 37. PENDING PROCEEDINGS IN MUNICIPAL COURT: 


All actions and proceedings pending in the Municipal Court when this ordi- 
nance takes effect shall thereafter be proceeded with in accordance with the pro- 
visions of this ordinance or any city ordinance applicable thereto and continued 


in force by the Charter. 
[§337, 1903 Charter as Amended by Ordinance No. 46396.] 


§ 38. REMOVAL OF MUNICIPAL JUDGE; HIS SUCCESSOR: 


The Council may at any time, for cause, by a majority vote of all its members, 
remove a Municipal Judge from office. Upon any such removal the Council shall 
appoint a successor to said Municipal Judge, who shall possess the qualificatons 


required of a Municipal Judge by the Charter, and who shall qualify in like manner. 
[§338, 1903 Charter; see §81, Charter Adopted May 3, 1913.] 


ARTICLE 5. BUREAU OF POLICE. 


§ 39. BUREAU OF POLICE; HOW ORGANIZED; COUNCIL TO MAKE 
RULES AND REGULATIONS. 

§ 40. BUREAU OF POLICE TO CONSIST OF CHIEF, CAPTAINS, ETC.; 
OATHS OF OFFICE. 

§ 41. BOND OF CHIEF OF POLICE. 

§ 42. BONDS FOR OTHER OFFICERS. 


{ 160] 


§ 48. DUTIES OF CHIEF OF POLICE; COUNCIL MAY SUSPEND MEM- 
BERS. 

44, FEES TO BE PAID OVER TO TREASURER; RECORD OF ARRESTS. 

45. FEES, REWARDS; EMPLOYMENT OF ATTORNEYS BY MEMBERS 
OF POLICE FORCE; PENALTY FOR VIOLATION OF PROVISIONS. 

46. SPECIAL PATROLMEN OR POLICEMEN. 

47, EXAMINATION OF PREMISES OF PAWNBROKER, JUNK SHOP OR 
SECOND-HAND DEALER. 

48. POSSESSION OF BURGLAR’S TOOLS A MISDEMEANOR. 

49. DUTIES OF POLICE FORCE. 

50. COMMISSIONER IN CHARGE TO EXAMINE AND PASS ON PAYROLL. 

51. COUNCIL IN EMERGENCY TO APPOINT TEMPORARY EMPLOYES. 

52. COMMISSIONER IN CHARGE TO APPOINT ELIGIBLES FROM CIVIL 
SERVICE LIST TO FILL VACANCIES. 

538. GAMING AND LOTTERY HOUSES, OBSCENE PUBLIC AMUSEMENTS 
—MAYOR AND COUNCIL TO SUPPRESS. 

54. SAME—CHIEF OF POLICE TO CAUSE PARTIES INTERESTED IN 
TO BE ARRESTED. 


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§ 39. BUREAU OF POLICE; HOW ORGANIZED; COUNCIL TO MAKE RULES 
AND REGULATIONS: 


The Bureau of Police of the City of Portland shall be organized by the Council 
and the members appointed as provided by the charter, subject to the civil service 
rules of the charter, except as hereinafter provided. To that end the Council may 
make all necessary or convenient rules and regulations for the organization and con- 
duct of the police force, for the care and management of the city prison, for re- 
ceiving and hearing complaints against any member of said force, for the removal 
or suspension of any member of said force, and for the forfeittre of all or any por- 
tion of the wages that may be due any member of such force on account of mis- 
conduct or negligence in the discharge of his duties; all the powers of said city 
connected with and incident to the appointment, discipline and government of its 
police shall be vested in the Council of the city, except as herein otherwise provided. 

[§$179, 1903 Charter. ] 


§ 40. BUREAU OF POLICE TO CONSIST OF CHIEF, CAPTAINS, ETC.; OATHS 
OF OFFICE: 


The Bureau of Police shall consist of a chief of police, and all necessary cap- 
tains of police, detectives, patrolmen, clerks, and a women’s auxiliary. Every officer 
and member of the police force, including private, special, temporary and substitute 
policemen, before entering ‘upon the discharge of his duties, shall take an oath be- 
fore the Auditor, similar in tenor and effect to that required of city officers, which 
oath shall be subscribed by the person taking it and shall be filed and preserved in 


the office of the Auditor. 
[§180, 19038 Charter.] 


§ 41. BOND OF CHIEF OF POLICE: 


The Chief of Police before entering upon the duties of his office shall file a 
bond in such sum as the Council may require, not less than ten thousand dollars 
($10,000) nor more than fifty thousand dollars ($50,000), with surety or sureties to 
be approved by the Mayor, that he will faithfully perform the duties of his office. 
The Chief of Police after having taken the oath of office and filed his bond, shall 
thereafter, under the direction of the Council have command and control of the po- 
lice force of said city. The Chief of Police and his sureties shall be responsible to 


the city or any person aggrieved, the same as sheriffs and their sureties now are. 
[§181, 1903 Charter.] 


[ 161 ] 


§ 42. BONDS FOR OTHER OFFICERS: 


Every captain of said police force shall give a bond in the sum of Five Thou- 
sand Dollars ($5,000.00); and every sergeant, patrolman, special patrolman, detect- 
ive and clerk in the sum of One Thousand Dollars ($1,000.00), with sureties to the 
satisfaction of the Mayor, for the faithful discharge of his duties, and the payment 
of any damage that may be adjudged against him by any tribunal for the illegal 
arrest, imprisonment, or injury by him to any person. But the Council may be res- 
olution, when it shall appear for the public interest, authorize the acceptance of 
personal sureties on such bonds. The Chief of Police is a peace officer, and must 
execute all process issued by the Municipal Judges or directed to him by any mag- 
istrate of this state in criminal matters; he may make arrests for breach of peace 
or commission of crime within the limits of the city, with or without a warrant, as 
peace officers do under the laws of this state; he must exercise a vigilant control 
over the peace and quiet of the city; he shall keep a watchful care to prevent fires, 
and exercise like care over all property of the city and report to the proper author- 
ities all waste of water, stoppage of sewers, and all damage to any city property; he 
is the keeper of the city prison or house of correction; he must attend regularly 
upon the sittings of the municipal cotrt and the meetings of the Council; he shall 
exercise such additional powers as may be conferred upon him by the ordinances of 


said city to enable him to carry out the objects and purposes of the charter. 
[§182, 1903 Charter as Amended June 8, 1907.] 


§ 43. DUTIES OF CHIEF OF POLICE; COUNCIL MAY SUSPEND MEMBERS: 


The captains of police detectives and policemen shall possess like power and 
authority except as herein provided. The Chief of Police shall have contro] over 
captains, detectives, clerks and all policemen when they are upon duty, and shall 
see that the city ordinances, and the rules, orders and regulations for the govern- 
ment of the police force are observed and enforced, and he shall have power to 
suspend any subordinate officer, member or employe for a violation of the same, 
as prescribed by the civil service rules, and shall forthwith report such violation 
in writing, with his reasons for suspension, to the Council. Upon consideration of 
the matter, the Councl may approve the action of the Chief of Police or may dis- 
approve the same and ‘reinstate such officer at once. The Oouncil, nevertheless, 
shall have power to suspend or remove any subordinate officer, member or employe 
of the Bureau of Police in like manner as other appointing authorities under the 


civil service rules. 
[§183, 1903 Charter.] 


§ 44. FEES TO BE PAID OVER TO TREASURER; RECORD OF ARRESTS: 


The Chief of Police, or any officer of the police force, when acting under or en- 
forcing any law or statute other than a city ordinance, is entitled to collect and 
receive the same fees and compensation as are allowed to a constable for like serv- 
ices, and he shall pay the same over to the City Treasurer, as provided in the case 
of fees received by the Police Judge; but no fees shall be taxed against Multnomah 
County for services rendered by cither Chief of Police or Police Judge, The Chief — 
of Police shall keep in his office a book of arrests, in which shall be entered by him, 
or under his direction, the name of every person arrested, the cause of such arrest, 


by whom the arrest was made and the date thereof. 
[§184, 1903 Charter.] 


§ 45. FEES, REWARDS; EMPLOYMENT OF ATTORNEYS BY MEMBERS OF 
POLICE FORCE; PENALTY FOR VIOLATION OF PROVISIONS: 


No member of the police force shall for his own benefit, under any pretense 
whatever, receive or share in any present, fee, gift, or emolument for public service, 
other than the regular salary and pay, except by the consent of the Council and 


[ 162 ] 


Chief of Police, publicly given, nor shall any member share in or receive any gift, 
fee or reward from any person who may become bail for any arrested, accused 
or convicted person, or who may become surety for any such, on appeal from or re- 
view of the judgment or decision of any court or magistrate, or any fee, gift or re- 
ward in any case from an attorney at law who may prosecute or defend any person 
arrested or prosecuted for any offense in Multnomah County; nor shall any member, 
directly or indirectly, interest himself or interfere in any manner whatever in the 
employment of any attorney to aid in the defense of any person arrested or accused; 
for any violation of either of the foregoing provisions the person so offending shall 
be immediately removed from the police force. 


Upon the complaint of any person alleging a violation of this Section the Coun- 
cil shall summon the officer accused before it and shall hold a summary hearing 
with power to subpoena witnesses and to compel the production of all necessary 
evidence and if it find that a violation of this Section has been committed by such 
officer he shall immediately be dismissed from the force and shall be ineligible for 


reappointment. 
[§185, 1903 Charter.] 


§ 46. SPECIAL PATROLMEN OR POLICEMEN: 


The Council is hereby authorized to appoint persons of suitable character special 
patrolmen or policemen, but such special policemen shall not be paid by the City 


for their services as policemen. 
[§186, 1903 Charter.] 


§ 47. EXAMINATION OF PREMISES OF PAWNBROKER, JUNK SHOP OR 
SECOND-HAND DEALER. 


The Chief of Police may in writing empower any member of the police force, 
whenever such member is in search of property feloniously obtained, or in search of 
suspected offenders, to examine the books of any pawnbroker, or his business prem- 
ises, or the business of any junk-shop, keeper or dealer in second-hand merchandise 
or invellgience office keeper, and such member of the force thereunto authorized 
in writing as aforesaid shall be allowed to examine any property purporting to be 
pawned, pledged or deposited in the possession of whomever such property may be; 
but no such property shall be taken from the possessor thereof without due process 


or authority of law. 
[§187, 1903 Charter.] 


§ 48. POSSESSION OF BURGLAR’S TOOLS A MISDEMEANOR: 


Any person found in said City of Portland or within four miles of the corporate 
limits thereof, having in his possession any burglar’s tools or implements of any 
kind commonly used by burglars in breaking into or entering houses, shall be deemed 
guilty of a misdemeanor, and upon conviction thereof before the police court, or 
other court of said City having competent jurisdiction thereof, shall be fined in a 
sum not less than Twenty-five nor more than One Hundred Dollars, or be impris- 
oned in the city jail for a period not less than ninety days nor more than twelve 


months, or both. 
[§188, 1903 Charter.] 


§ 49. DUTIES OF POLICE FORCE: 


The police force of the City of Portland shall at all times of the day and night 
within the boundaries of said City preserve the public peace, prevent crme, arrest 
offenders, protect rights of persons and property, guard the public health, preserve 
order, remove nuisances existing in streets, roads, public places and highways, re- 
port all leaks or other defects in water pfipes and sewers, and street lights not 
burning to the proper authorities, provide a proper force at every fire in order that 


[ 163 ] 


thereby the firemen and property may be protected, protect strangers and travelers 
at the steamboat and ship landings and railroad stations, and generally obey and 
enforce all ordinances of the City Council and criminal laws of the State and of the 


United States. 
[$189, 1903 Charter. ] 


§ 50. COMMISSIONER IN CHARGE TO EXAMINE AND PASS ON PAYROLL: 


The Commissioner in charge of the Bureau of Police shall examine and endorse 
his approval on all payrolls and demands of the Bureau of Police, and after being 
So approved, the Auditor shall examine and audit them, and if correct and within 
the appropriation and authorized expenditure, they shall be paid as other accounts 


are paid out of the City treasury. 
[§190, 1903 Charter.] 


§ 51. COUNCIL IN EMERGENCY TO APPOINT TEMPORARY EMPLOYES: 


The Council in case of any mob, riot, pestilence, or on days of public demonstra- 
tion may appoint such temporary policemen as it may deem necessary, who shall 
have all the powers and perform all the duties of regular policemen. Civil service 
rules shall not apjly to such temporary policemen, nor shall they be reqluired to 
furnish the bonds required of regular policemen. Such appointments shall not 


continue beyond the emergency, 
[§192, 1903 Charter. ] 


§ 52. COMMISSIONER IN CHARGE TO APPOINT ELIGIBLES FROM CIVIL 
SERVICE LIST TO FILL VACANCIES: 


The Commissioner in charge of the Bureau ot Police may appoint a sufficient 
number of substitutes from the eligible list certified by the Civil Service board 
and ‘under its rules, to fill all vacancies occasioned by the absence of any member 
of the force, who shall receive compensation only for the time they serve, and the 


amount of such compensation shall be deducted from the pay of the absent member. 
[§193, 1903 Charter.] 


§ 53. GAMING AND LOTTERY HOUSES, OBSCENE PUBLIC AMUSEMENTS— 
MAYOR AND COUNCIL TO SUPPRESS: 


Whenever the Mayor or the Council ascertains or receives satisfactory informa- 
tion that any house, room or premises within the City or within four miles of the 
corporate limits thereof is being kept or used as a common gaming house or com- 
mon gaming premises for playing therein for wager of money at a game of chance, 
or if the same is kept or used for any lewd or obscene public amusement or the! 
deposit or sale of lottery tickets or policies, it shall be lawful for the Mayor or the 
Council to authorize and direct the Chief of Police or any officer of the force to 
enter such house, room or premises and forthwith arrest all] persons therein found 
offending against any law and to seize all instruments of gaming, lottery tickets 


and lottery policies, and bring the said articles into court. 
[§194, 1903 Charter.] 


§ 54. SAME—CHIEF OF POLICE TO CAUSE PARTIES INTERESTED IN TO 
BE ARRESTED: 


The Chief of Police shall cause such arrested persons to be vigorously prose- 
cuted and such seized articles to be destroyed, and the Council shall cause the owner 
of such house, room or premises, his agent or representative to be notified in writing 
that such house, room or premises is being used for unlawful purposes, and it shall 
be the duty of the owner, agent, attorney or representative to cause the use of the 


premises for such unlawful purposes to cease. 
[§195, 1903 Charter.] 


{ 164 ]’ 


ARTICLE 6. BUREAU OF FIRE. 


§ 55. BUREAU OF FIRE; HOW ORGANIZED; SUBJECT TO CIVIL SERV- 
ICE RULES; AUTHORITY VESTED IN COUNCIL. 

§ 56. COUNCIL TO ORGANIZE BUREAU OF FIRE; APPOINTMENT OF 
ENGINEER AND EMPLOYES; POWER TO MAKE RULES AND 
REGULATIONS; CIVIL SERVICE RULES TO APPLY TO EVERY 
OFFICER AND MEMBER OF THE BUREAU. 


§ 57. COUNCIL TO CARE FOR PROPERTY OF BUREAU OF FIRE. 

§ 58. OATH OF MEMBERS OF BUREAU OF FIRE. 

§ 59. CHIEF ENGINEER; HIS DUTIES. 

§ 60. MAY DESTROY BUILDINGS TO CHECK FIRE. 

§ 61. COMMISSIONER IN CHARGE OF THE BUREAU OF FIRE TO EX- 
AMINE AND PASS ON PAYROLL. 

§ 62. COUNCIL IN EMERGENCY TO APPOINT TEMPORARY EMPLOYES. 

§ 638. ASSIGNMENTS OF DISABLED MEMBERS. 

] 64. LEAVE OF ABSENCE. 


§ 55. BUREAU OF FIRE; HOW ORGANIZED; SUBJECT TO CIVIL SERVICE 
RULES; AUTHORITY VESTED IN COUNCIL: 


The Bureau of Fire of the City of Portland shall be organized by the Council 
and the members appointed as provided by the charter, subject to the Civil Service 
rules of the charter, and thereafter, subject to the restrictions contained in the 
charter, all the powers of said City connected with and incident to the appointment, 
discipline and government of its Bureau of Fire shall be vested in the Councl of said 
City. 

[§167, 1903 Charter.] 


§ 56. COUNCIL TO ORGANIZE BUREAU OF FIRE; APPOINTMENT OF EN- 
GINEER AND EMPLOYES; POWER TO MAKE RULES AND REGU- 
LATIONS; CIVIL SERVICE RULES TO APPLY TO EVERY OFFICER 
AND MEMBER OF THE BUREAU: 


The Council shall have the power and it is hereby made its duty to organize, 
govern and conduct a Bureau of Fire for effective service within the City of Port- 
land, and to that end may authorize the appointment of a Chief Engineer and’ as 
many other officers and employes as in its opinion are necessary. It shall have the 
power to make all necessary or convenient rules and reg'ulations for the organiza- 
tion and conduct of said bureau, and for receiving and hearing complaints against 
any members and for the removal or suspension of any member of said Bureau. 
The civil service rules prescribed in the Charter shall appily to every officer and 
member of the bureau and shall govern the actions of the Council in its organization 


and government of said bureau. 
[§168, 1903 Charter. ] 


§ 57. COUNCIL TO CARE FOR PROPERTY OF BUREAU OF FIRE: 


The Council shall have the custody and management of all the public property, 
including the fire alarm telegraph, pertaining to the Bureau of Fire. It shall have 
power and authority, subject to the limitations and appropriations made, and ex- 
penditures authorized by the Council, to purchase and acquire all necessary appara- 
tus, including fireboats, engines, hose, hose carriages, horses and all other personal 
property which the exigencies of an efficient fire bureau may require. It shall 
have power and authority to sell and dispose at public sale under the provisions 
of the Charter relating to sales of public property of any portion of said personal 
property whenever the same is not required, or when it may be considered by the 


[ 165 ] 


said Council unfit for service in said bureau, The proceeds of any such sale shall 
be paid by the purchaser to the Treasurer of the City, who shall issue a proper re- 
ceipt therefor, and all such moneys shall be credited to the General Fund of said 
City. 

[§169, 1903 Charter.] 


§ 58. OATH OF MEMBERS OF BUREAU OF FIRE: 


All officers and members of the Bureau of Fire serving on full time and devot- 
ing their labor exclusively to the interests of the City, before entering upon their 
duties, shall take an oath before the Auditor, similar in tenor and effect to that re- 
quired of City officers, which oath shall be subscribed by the person taking it and 


shall be filed and preserved in the office of said Auditor. 
[§170, 1908 Charter.] 


§ 59. CHIEF ENGINEER; HIS DUTIES: 


The Chief Engineer shall be the executive officer of the said Bureau of Fire. 
He shall devote his time and attention exclusively to its interests and shall engage 
in no other business. It is his duty and that of the assistant engineers to see that 
the rules and regulations and ordinances of the Council are carried out, and also to 
attend to such duties as fire wardens as may be required of them, and to see that 
all laws, orders and regulations established to secure protection against fire are 
enforced. It shall also be the duty of the Chief Engineer to enforce the rules and 
regulations made from time to time to secure discipline in said Bureau of Fire, 
and he shall have power to suspend any subordinate officer, member or employe for 
a violation of the same, as prescribed by the civil service rules, and shall forthwith 
report such violation in writing, with hs reasons for suspension, to the Commissioner 
in charge. Upon consideration of the matter, the commissioner in charge may ap- 
prove the action of the Chief Engineer or may disapprove the same and reinstate 
such officer at once. The commissoner in charge, nevertheless, shall have plower 
to suspend or remove any subordinate member or employe of the Bureau of Fire 
in like manner as other appointing authorities under the civil service rules. The 
Chief Engineer shall diligently observe the condition of the apparatus and the 
workings of the department and report in writing thereon at least once a month 
to the commissioner in charge and make such recommendations and suggestions 


respecting the same as he may deem proper. 
[§171, 1903 Charter.] 


§ 60. MAY DESTROY BUILDINGS TO CHECK FIRE: 


The Chief Engineer, or, in his absence, any Assistant Chief Engineer, may, dur- 
ing a conflagration, cause to be cut down, or otherwise removed, any buildings or 


structures for the purpose of checking the prograss of such conflagration. 
[§172, 1903 Charter.] 


§ 61. COMMISSIONER IN CHARGE OF THE BUREAU OF FIRE TO EXAMINE 
AND PASS ON PAYROLL: 


The Commissioner in charge of the Bureau of Fire shall examine and endorse 
his approval on all payrolls and demands of the Bureau of Fire, and after being so 
approved, the Auditor shall examine and audit them, and if correct and within the 
appropriation and authorized expenditure, they shall be paid as other accounts are 


paid out of the City treasury. 
[§174, 1903 Charter.] 


§ 62. COUNCIL IN EMERGENCY TO APPOINT TEMPORARY EMPLOYES: 


The Council in case of any general conflagration or great emergency, may ap- 
point such temporary employes as it may deem necessary and to whom civil service 


rules shall not apply. 
[§175, 1903 Charter.] 


[ 166 ] 


§ 63. ASSIGNMENTS OF DISABLED MEMBERS: 


Members and officers of a higher grade who have done faithful service and 
have been disabled so as to unfit them for serving in the Position occupied when 
so disabled may be assigned to other duties suitable to their physical abilities and 


shall always have preference in such assignments, 
[§177, 1903 Charter.] 


§ 64. LEAVE OF ABSENCE: 


The Council shall grant annually to every permanent member of the Bureau 
of Fire leave of absence of not less than one week, and not more than two weeks, 
and no reduction of pay shall be made therefor; and to every extra man in the 
department there shall be granted annually one week’s leave of absence without re- 
duction of pay. 

[§178, 1903 Charter.] 


ARTICLE. 7. BUREAU OF WATER WORKS. 


§ 65. COUNCIL TO HAVE CHARGE OF WATER PLANT. 

§ 66. CITY AUTHORIZED TO CONSTRUCT AND OPERATE WATER WORKS. 

§ 67. ADDITIONAL POWERS CONFERRRED. 

§ 68. COUNCIL MAY IMPROVE AND EXTEND WATER WORKS. 

§ 69. MAYOR TO EXECUTE CONTRACTS AND SIGN ORDERS FOR 
MONEY. 

‘§ 70. MONEYS; HOW PAID OUT. 

§ 71. MONEYS; HOW HANDLED. 

§ 72, COUNCIL; ITS POWER AND AUTHORITY; EMPLOYES; CIVIL 
SERVICE RULES. 

§ 73. STATEMENT OF RECEIPTS AND DISBURSEMENTS TO BE PUB- 
LISHED. 


§ 65. COUNCIL TO HAVE CHARGE OF WATER PLANT: 


The Council shall have charge of the waterworks and water plant of the City. 
[§225, 1903 Charter.] 


§ 66. CITY AUTHORIZED TO CONSTRUCT AND OPERATE WATER WORKS: 


The City is authorized and empowered to construct or purchase, keep, conduct 
and maintain water works and all necessary plants and facilities of a character and 
capacity sufficient to furnish the City and nhabitants thereof, as well as the places 
and people along or in the vicinity of the lines of pipes, conduits, or aqueducts con- 
structed or used for such purpose with an abundance of good, pure, wholesome water 
for all uses and purposes necessary for the comfort, convenience and well-being of 
the same, and to that end may acquire, by purchase or otherwise, and own and pos- 
sess such real and personal property within and without the limits of the City as 


in the judgment of the Council may be deemed necessary and convenient. 
[§226, 1903 Charter.] 


§ 67. ADDITIONAL POWERS CONFERRED: 


The Council of the City of Portland shall have power and authority to enter 
into the necessary contracts to purchase all necessary materials and supplies and 
to employ and discharge agents, workmen, laborers, and servants as it may deem 
necessary or convenient in the conduct, extension, operation and management of the 
water works, subject to the civil service rules (except that the Superintendent and 
Engineer of the Bureau of Water Works shall not be subject to the civil service 
rules), and to do any other act in the construction, operation and maintenance of 
the water works of the City of Portland that may be deemed necessary or advan- 
tageous to said City. 


[ 167 ] 


All water mains, including laterals, distributing mains and mains for reinforce- 
ment hereafter laid or constructed shall be paid for out of the water fund, and not: 
otherwise. There may be paid out of said water fund and refunded to all persons. 
who have paid the City Treasurer assessments for the laying of water mains in 
front of or adjacent to their property, in accordance with the provisions of Section 
227 of the Charter of the City of Portland, as amended by the act adopted by the 
electors of said City on the 8rd day of June, 1907, as aforesaid, the moneys, ex-. 
clusive of interest, so paid or that may be paid by them to the City Treasurer for the 
laying of water mains in front of or adjacent to their property; provided, however, 
that no moneys shall be so refunded on account of the construction of a main or 
mains until such time as the annual income therefrom shall be equal to six per 
cent of the original cost of said main or mains. Such refund shall be made by war- 
rents drawn by the Mayor and attested by the Auditor when authorized by a vote 
of the Council of the City of Portland. 

The Council shall not cause to be laid any water mains unless, in its judgment, 
the revenue that will be derived from water rates, within a reasonable period after 
the laying of such water mains, in the district in which the same shall be laid, shall 
produce a revenue equal to six (6) per centum per annum upon the cost of laying 
such water mains: Provided, however, that when the owner of property to be served 
by a water main, the income from which will not equal six (6) per centum of the 
cost of construction thereof, desires to construct such main, such owner may, when 
first authorized by the Bureau of Water Works, construct said main, at his own 
cost and expense, provided the same is constructed in accordance with plans and 
specifications approved by the Engineer of the Bureau of Water Works, and under 
the supervision of an inspector to be appointed by the Burea'u of Water Works, the 
cost of such inspection to be paid by the said owner; and at any time thereafter, 
when the annual income from such main shall equal six (6) per centum of the 
original cost thereof, the City of Portland may take over such main at a price not 
exceeding the original cost, less two and one-half (212) per centum for depreciation. 


The Council of the City of Portland shall have power and authority to acquire 
any water works or water plant, or part thereof, either by the direct purchase of 
the same, or in pursuance of condemnation proceedings, in the manner prescribed 
by law for the appropriation of private property for corporate purposes or public 


use, and the cost of the same shall be paid out of the Water Fund. 
[§227, 1903 Charter.] 


§ 68. COUNCIL MAY IMPROVE AND EXTEND WATER WORKS: 


The Council shall manage, conduct and maintain the City water works and in 
so doing it may improve and extend such works from time to time, and may, pur- 
suant to ordinance, purchase and acquire on behalf of the City of Portland other 
water works and property, when the receipts from the water works are sufficient 
to defray the cost thereof and as the growth of the City and the wants and conve- 


nience of the inhabitants thereof may require. 
[§228, 1903 Charter.] 


§ 69. MAYOR TO EXECUTE CONTRACTS AND SIGN ORDERS FOR MONEY: 


The Mayor and Commissioner in charge shall execute all written contracts and the 


Mayor and Auditor shall sign all orders for the payment of money authorized thereby. 
[§230, 1903 Charter.] 


§ 70. MONEYS; HOW PAID OUT: 


The Treasurer shall pay out money from the “water fund” on the order of the 


Mayor, countersigned by the Auditor, and not otherwise. 
[§232, 1908 Charter.] 


[ 168 ] 


§ 71. MONEYS HOW HANDLED: 


_ All moneys collected or received by the Bureau of Water Works for the use and 
consumption of water or otherwise shall be deposited with the Treasurer of the 
City, who shall give such bonds, in addition to the bonds hereinbefore provided, as 
the Council may require. The Treasurer shall keep the same separate and apart 
from the other funds of the City, in a fund to be known as the “Water Fund,” and 
pay it out only on the order of the Mayor, countersigned by the Auditor, and to the 
holder of any overdue interest coupon of the bonds payable out of the Water Fund 


and not otherwise. 
[§233, 1903 Charter.] 


§ 72. COUNCIL—ITS POWER AND AUTHORITY; EMPLOYES; CIVIL SERV- 
ICE RULES: 


The Council has power and authority: 


1. To authorize the employment, hire and discharge from time to time, sub- 
ject to the civil service rules of the Charter (excepting that the Engineer and Su- 
perintendent shall not be subject to civil service rules), of all such agents, workmen, 
laborers and servants as it may deem necessary or convenient in the conduct, oper- 
ation, and management of said waterworks and property. 


2. Subject to ordinance to make all needful rules and regulations for the con- 
duct and management of the same by the City and the inhabitants thereof. 


3. To establish rates as in the Charter provided for the use and consumption 
of the water by the City and inhabitants thereof, including the people living along 
the line or in the vicinity of the works outside the City. 


4. To provide for the payment of water rates monthly in advance and to shut 
off the water from any house, tenant or place for which the water rate is not duly 
paid or when any rule or regulation is disregarded or disobeyed. 


fh. To do any other act or make any other regulations necessary and conveni- 
ent for the conduct of its business and the due execution of the power and authority 


given it by the Charter and not contrary to law. 
[§234, 1903 Charter.] 


§73. STATEMENT OF RECEIPTS AND DISBURSEMENTS TO BE PUBLISHED: 


The Bureau of Water Works shall cause a quarterly statement in detail of 
its receipts and disbursements to be made and signed by its Superintendent and filed 
with the Auditor, who shall preserve the same among the files of his office and 
shall cause the same to be published in the City Official Newspaper; and the Bureau 
of Water Works shall cause to be made, filed and published as a part of its last 
quarterly report in each year an inventory or statement of the property, imple- 
ments and material in its possession or control pertaining to the water works, to- 


gether with the condition and approximate value thereof, 
[§237, 1903 Charter. ] 


ARTICLE 8.—BUREAU OF HEALTH. 


§ 74. COUNCIL TO APPOINT CITY PHYSICIAN AND HEALTH OFFICER. 

§ 75. COUNCIL TO FIX SALARIES. 

§ 76. POWERS OF THE COUNCIL; RULES AND REGULATIONS. 

§ 77. DUTIES OF BUREAU OF HEALTH. 

§ 78. COMMISSIONER IN CHARGE OF BUREAU OF HEALTH TO AP- 
POINT OFFICERS AND NURSES; TO CONTROL SPREAD OF 
DISEASES. 


[ 169 ] 


§ 74. COUNCIL TO APPOINT CITY PHYSICIAN AND HEALTH OFFICER. 


The Council shall appoint and remove at pleasure a City Physician who shall 
be a regularly licensed physician and whose duties shall be prescribed by the Council.: 
The Council shall appoint a Health Officer who shall be the executive officer of 
the Bureau of Health and see that the ordinances relating to the sanitary affairs of 
the city and the rules and regulations of the Council are enforced. The proper 
appointing authority shall appoint such other officers, agents and employes as may 


be necessary. 
[§241, 1903 Charter.] 


§ 75. COUNCIL TO FIX SALARIES: 


The Council shall fix the salaries of all officers, agents and emplyoyes of the 
Bureau of Health, Such compensation shall not exceed the salaries paid for simi- 


lar services in private institutions of like character in the city. 
[§242, 1908 Charter.] 


§ 76. POWERS OF THE COUNCIL; RULES AND RREGULATIONS: 


The Council shall have the management and control of the City Hospitals, Am- 
bulance Service, Receiving Hospitals, and supervision of all matters pertaining to 
the preservation, promotion and protection of the lives and health of the inhabi- 
tants of the city. It may adopt rules and regulations, not inconsistent with the 
Charter or city ordinances, for determining the character of nuisances, and provid- 
ing for their abatement, and the discharge of its functions in general. Such rules 
shall be kept on file in the Auditor’s office. 

It shall have the sanitary supervision of all institutions of the city, including 
jails, school houses and all public buildings; of the disposition of the dead; of the 
disposition of garbage, offal and other offensive substances. 

It shall have exclusive control and disposition of all expenditures necessary in 


the institutions under its immediate control. 
[§248, 1903 Charter.] 


§ 77. DUTIES OF BUREAU OF HEALTH: 


The Bureau of Health shall enforce all ordinances, rules and regulations which 
may be adopted for the carrying out and enforcement of a good sanitary condition 
in the city; for the protection of the. public health; for determining the nature and 
character of nuisances and for their abatement; and for securing the proper reg- 
istration of births, deaths and other statistical information. It shall from time to 
time submt to the Council a draft of such ordinances, rules and regulations as it 


may deem necessary to promote the objects mentioned in this section. 
[§244, 1908 Charter.] 


§ 78. COMMISSIONER IN CHARGE OF BUREAU OF HEALTH TO APPOINT 
OFFICERS AND NURSES; TO CONTROL SPREAD OF DISEASES: 


The Commissioner in charge of the Bureau of Health may appoint and remove 
at pleasure. such officers and nurses and all assistants as may be necessary to 
maintain the efficiency of the hospitals and pest houses established by the Council 
and may cause to be removed thereto and kept therein any person affected with a 
contagious or infectious disease whenever necessary for the preservation of the 
public health. 

The ratio of employes to the inmates of any institution under the care of the 
Bureau of Health shall not exceed that maintained by private institutions of like 


character in the city. 
[§245, 1903 Charter.] 


[ 170 ] 


ARTICLE 9. BUREAU OF PARKS. 
§ 79. POWERS OF COUNCIL. 
§ 80. RULES AND REGULATIONS, 
§ 81. RESTRICTION ON EXHIBITIONS OF WORKS OF ART. 
§ 82. EMPLOYES TO GIVE BONDS. 
§ 88. COUNCIL TO HIRE EMPLOYEES; CIVIL SERVICE RULES. 


§ 79. POWERS OF COUNCIL. 


The Council, except as herein otherwise provided, shall have the general man- 
agement and supervision of all parks, squares, openings and public grounds sur- 
rounding public buildings now owned or hereafter acquired by the city, and also 
shall have power to regulate and control the planting, trimming, growing, use, pres- 
ervation and maintenance of all shade or ornamental trees, shrubs, plants or flow- 


ers in, upon or over any street, boulevard, path or sidewalk of the city. 
[§261, 1903 Charter.] 


§ 80. RULES AND REGULATIONS: 


_ The said Council may adopt such rules and regulations for the use, management 
and supervision of the parks, squares, openings, public grounds, and grounds sur- 
rounding public buildings, bath houses or other places of. recreation, now belonging 
to the city or hereafter acquired by it, as to the Council may seem reasonable and 
necessary; such rules and regulations not to be inconsistent with the provisions of 


the charter or the city ordinances. 
[§262, 1903 Charter.] 


§ 81. RESTRICTION ON EXHIBITIONS OF WORKS OF ART: 


No work of art shall be placed in any park, or in any other public ground which 


is subject to the supervision of the Council without its permission. 
[§263, 1908 Charter.] 


§ 82. EMPLOYES TO GIVE BONDS: 


All employes acting in any fiduciary capacity in connection with the parks or 


pleasure grounds shall be placed under proper bonds. 
[§265, 1903 Charter.] 


§ 83. COUNCIL TO HIRE EMPLOYES; CIVIL SERVICE RULES: 


The Council has power and authority to employ, hire and discharge from time 
to time, subject to the Civil Service rules of the charter, all such workmen and la- 
borers as it may deem necessary to the proper conduct and management of the pub- 


lic places under its control. 
[§266, 1903 Charter.] 


ARTICLE 10. BUREAU OF STREET CLEANING: 


§ 84. BUREAU OF STREET CLEANING—HOW ORGANIZED—COUNCIL 
TO HAVE CHARGE OF PROPERTY. 

§ 85. THE COMMISSIONER IN CHARGE TO EXAMINE AND PASS ON 
PAYROLL. 


§ 84. BUREAU OF STREET CLEANING—HOW ORGANIZED—COUNCIL TO 
HAVE CHARGE OF PROPERTY: 


The Bureau of Street Cleaning shall be organized by the Council. The Com- 
missioner in charge shall appoint a superintendent and all other laborers and em- 
ployes, subject to the civil service rules of the charter. The Council shall have the 


EiTih} 


custody and management of all property belonging to said Bureau and, subject to 
the limitations of the appropriations made and expenditures authorized by the Coun- 
cil, shall have power and authority to purchose and acquire all necessary equipment 
for an efficient Bureau. It shall have power to sell and dispose of by public auction 
all personal property whenever the same is not required, or when it may be con- 
sidered by the said Council as unfit for service. The proceeds of any such sale shall 
be paid by the purchaser to the Treasurer of the city, who shall ssue a proper receipt 


therefor, and all such moneys shall be credited to the General Fund of the city. 
[§ 199, 1903 charter.] 


§ 85. THE COMMISSIONER IN CHARGE TO EXAMINE AND PASS ON PAY- 
ROLL: 


The Commissioner in charge shall examine and endorse his approval on all pay- 
rolls and demands of the said Bureau, and after being so approved, the Auditor shall 
examine and audit them, and if correct and within the appropriation and authorized 


expenditure, they shall be paid as other demands are paid out of the City Treasury. 
[§ 201, 1903 charter. ] 


ARTICLE 11—HARBOR. 


§ 86. COUNCIL TO HAVE CHARGE OF WATER FRONT; HARBOR MASTER. 

§ 87. RULES AND REGULATIONS FOR WATER FRONT; DUTIES OF 
HARBOR MASTER. 

§ 88. DUTIES OF HARBOR MASTER. 

§ 89. BOND OF HARBOR MASTER. 


§ 86. COUNCIL TO HAVE CHARGE OF WATER FRONT; HARBOR MASTER: 


All the wharves, water front and harbor within the City of Portland shall be 
under the management and control of the Council subject to the provisions of the 
charter. 

The Council shall appoint, subject to civil service rules, a Harbor Master whose 
salary shall be fixed by The Commission of Public Docks. The Council may appoint, 
subject to civil service rules, such deputies for the Harbor Master as the require- 
ments of the city may demand, the number and compensation of whom shall be 


determined by the Council. 
[§ 216, 1903 charter. ] 


§ 87. RULES AND REGULATIONS FOR WATER FRONT; DUTIES OF HARBOR 
MASTER: 


The Council may, subject to the provisions of the charter, establish such rules 
and: regulations, not inconsistent with the charter and the ordinances of the City, as 
it may deem right and proper for the control of the wharves and water front, and of 
the harbor and of the ships and vessels therein, and persons violating any of said 
rules and regulations shall be guilty of a misdemeanor and upon conviction thereof 
in the Municipal Court, or, in case of an appeal therefrom, in the Circuit Court of 
the State of Oregon for Multnomah County, shall be punished by a fine not exceeding 
$250.00, or by imprisonment for a period not exceeding ninety days, or by both such 
fine and imprisonment in the discretion of the Court. It shall be the duty of the 
Harbor Master and that of his deputies to see that the rules and regulations and the 
ordinances of the Council are obeyed, and he shall report in writing each month to 
the Council the condition of the harbor and all matters of interest pertaining thereto, 
together with any recommendations looking to the better care and improvement of 


the same. 
[§ 217, 1908 charter. | 


§ 88. DUTIES OF HARBOR MASTER: 
Said Harbor Master and his deputies shall be ex-officio members of the police 


ETRE: 


force of the City and shall have the same power to make arrests for violation of 
ordinances of the City or of the laws of the State of Oregon as is possessed: by other 
police officers of the City, and said Harbor Master and said deputies are especially 
charged with the duty of enforcing the laws of the State of Oregon relative to mer- 
chant seamen, and particularly the act of the Legislative Assembly of the State of 
Oregon filed in the office of the Secretary of State February 25th, 1889, entitled “An 
act for the prevention of and punishment for enticing or harboring seamen from 
ships and other vessels on the waters of the Columbia and Willamette rivers, or for 
arresting officers or seamen on such vessels, and to amend sections 1952 and 1953 
of Hill’s Annotated Laws of Oregon.” In addition to the duties of the Harbor Master 
now or hereafter required by law, he shall perform such duties as may be required 
of him by The Commission of Public Docks and he shall report to and be under the 


jurisdiction of The Commission of Public Docks. 
[§ 218, 1903 charter. ] 


§ 89. BOND OF HARBOR MASTER: 


The Harbor Master shall give a bond in the sum of $5,000.00 and each deputy in 
the sum of $1,000.00. 

Said bonds shall contain the same terms as bonds required herein of captains of 
police and patrolmen and the provisions of this ordinance covering bonds of captains 
of police and patrolmen shall apply also to bonds of the Harbor Master and _ his: 


deputies. 
[§ 219, 1903 charter. | 


ARTICLE 12—STREET LIGHTING. 


§ 90. DEFINITION OF STREET. 

§ 91. CITY MAY CONTRACT FOR LIGHTING FOR FIVE (5) YEARS; MAY 
PROVIDE ITS OWN PLANT. 

§ 92. CITY MAY ISSUE BONDS TO PROVIDE PLANT. 

§ 98. PROCEEDINGS ON CONTRACT FOR LIGHTING. 

§ 94. PROCEDURE TO ACQUIRE PLANT. 

§ 95. SPECIAL ELECTION TO DECIDE, 

§ 96. CITY ELECTRICIAN AND EMPLOYES. 

§ 97. COUNCIL TO HAVE CHARGE OF CITY LIGHTING. 

§ 98. LIMIT OF EXPENSES FOR LIGHTING. 

§ 99. COUNCIL TO HAVE SUPERVISION OF WIRES, ETC. 

§ 100. INJURING OR DESTROYING LIGHTING PROPERTY AN OFFENSE; 
PENALTY. 


§ 90. DEFINITION OF “STREET”: 


The term “street,” as used in this article, shall be construed to include any 
street, avenue, boulevard, alley, lane, brdge, bicycle path, road or public thorough- 
fare, and any land over which any right of way has been obtained, or granted, for 


any purpose of public travel. 
[§ 205, 1903 charter. | 


§ 91. CITY MAY CONTRACT FOR LIGHTING FOR FIVE (5) )YEARS; MAY 
PROVIDE ITS OWN PLANT: 


The City of Portland may contract for the lighting of public buildings, streets, 
avenues, parks, public grounds and places for any period not exceeding five (5) 
years. It shall have the power and authority to procure lands, either within or 
without the city, and purchase or construct the necessary buildings, engines, dynamos 
and other machinery, tools, lamps, lines, conduits, poles, towers and other apparatus 
and appliances constituting a plant for lighting the City by electricity or by any 
other means or system, and if the Council deem it advisable, it may purchase towers, 
poles, wires, lamps and other appliances, and cause lines of wire to be constructed, 


' 173 ] 


the use of which it may let to any persons or corporation contracting to light the 
City. It shall also have power to lay pipes and conduits in the highways, alleys and 
public places for gas or electric light wires, and to erect in the highways, alleys and 
public places poles, towers or posts for wires or lamps, and to place, construct and 
maintain the necessary lines of wires either below or above ground in the highways, 


alleys or public places, 
[§ 206, 1903 charter. ] 


§ 92. CITY MAY ISSUE BONDS TO PROVIDE PLANT: 


The Council for the purpose of providing for the construction of the public 
lighting plant as herein provided, may raise money by tax or issue bonds of the City 
as hereinafter provided, or may raise said funds by both tax and bonds, as to the 
Council of the City may seem meet and to the best interests of the City; but any 
money raised by taxes for such purposes shall be subject to the limitations in the 
Charter as to the amount to be raised in any one year for lighting purposes. It 
shall also have :pjower to issue bonds in like manner or raise moneys by tax for the 
purchase or construction of conduits, wires, posts, poles, towers, lamps and other ap- 
paratus and appliances for use by any party or parties contracting for the public 
lighting: as herein provided. For the purposes aforesaid, the City is authorized to 
issue and dispose of bonds to the amount of $300,000, of the denomination of from 
$100 to $1,000, as purchasers may desire, with interest coupons attached thereto, 
signed by the Mayor and countersigned by the Auditor, whereby the City shall be held 
and considered: in substance and effect to undertake and promise, in consideration 
of the premises, to pay the bearer of each of the said bonds at the expiration of 
twenty-five (25) years from the date threof, the sum named therein in gold coin of 
the United States, together with interest thereon, in like coin, at the rate of four per 


centum per annum, payable half yearly, as provided in said coupons. 
[§ 207, 1903 charter. ] 


§ 983. PROCEEDINGS ON CONTRACT FOR LIGHTING: 


Whenever the Council shall determine to contract for lighting the streets and 
public buildings and places in the City of Portland in pursuance of the provisions 
of the charter, as amended, authorizing such contract and shall direct advertise- 
ment for proposals for such lighting, such advertisement shall be published for a 


period of fifteen days in the city official newspaper. 
[§ 208, 1903 charter as amended by Ordinance No. 38422.] 


§ 94. PROCEDURE TO ACQUIRE PLANT: 


If the Council shall determine that it is advisable to establish a plant for public 
lighting, to be owned by the City, it may by ordinance direct the purchase of the 
necessary lands, machinery, wires, poles, lamps, towers and other apparatus and ap- 
pliances above mentioned, the cost of which shall not exceed $300,000.00. It shall 
thereupon be the duty of the Council, to carry into effect the authority thereby con- 
ferred and to make the necessary purchase of lands, machinery, engines, tools, 
lamps, apparatus and appliances and construct the buildings required, and cause to 
be constructed or laid all necessary conduits and lines of wire below ground, and to 
erect and construct all necessary poles, towers, posts, lines of wire above ground and 
other apparatus and appliances, which shall be necessary or requisite according to 


such system or systems as it may deem best for lighting the City. 
[§ 209, 1908 charter. ] 


§ 95. SPECIAL ELECTION TO DECIDE: 


Before the Council shall direct the establishment of a plant as herein provided, 
it shall by resolution submit to the electors of the City, to be voted upon by said 
electors at a special election to be called for that plurpose, the question as to whether 
the authority hereby conferred shall be exercised. The proposition shall be stated 


pias 


upon the ballots in the following form: “For a city lighting plant—Yes,”’ “For a 
city lighting plant—No”; and any elector may vote for or against said proposition 
by marking a cross opposite said words “Yes” or “No,” respectively. The votes upon 
said proposition and for and against the same, respectively, shall be certified, returned 
and canvassed in the manner now provided by the Charter for certifying, returning 
and canvassing’ votes cast for City officers. If a majority of the electors votng 
thereon in said City shall vote in favor of a City lighting plant, then the authority 
hereby conferred may be exercised; otherwise the same shall not be exercised. Notice 
shall be given by the Auditor by publication in the City Official Newspaper of the 
election to vote upon said proposition at least thirty days before the election. 
[§ 210, 1903 charter.] 


§ 96. CITY ELECTRICIAN AND EMPLOYES: 


The Council may, subject to the civil service rules of the Charter, employ an 
electrical engineer, who shall be known as the City Electrician, and also such other 
superintendents, engineers, clerks, agents and subordinates under them as may be 
necessary to carry into effect the provisions of the Charter, and may regulate and 
define their duties and prescribe their compensation. 

[§ 211, 1903 charter. ] 


§ 97. COUNCIL TO HAVE CHARGE OF CITY LIGHTING: 


The Council shall have general supervision and management of all public light- 
ing, and of any plant established by the City, as herein provided for that purpose, 
and all employes engaged in or about the construction or operation thereof, and 
shall make the necessary purchase of fuel, tools, supplies, materials, apparatus and 
appliances required in the operation and management of said plant, without further 
approval or confirmation of their contracts by the Council. The expenditures for the 
operation and management of said plant shall not exceed in any one year the tax 


levied for that purpose. 
[§ 212, 1903 charter. ] 


§ 98. LIMIT OF EXPENSES FOR LIGHTING: 


No contract shall be let, nor any purchase be made of any lands or property re- 
quiring the payment of any money, nor shall any moneys be paid for public lighting, 
in excess of the tax authorized to be levied by the Charter for that purpose and of 


moneys raised by issuing bonds as herein provided. 
[§ 2138, 1908 charter.] 


§ 99. COUNCIL TO HAVE SUPERVISION OF WIRES, ETC:: 


The Council, subject to ordinance, shall have the supervision of the construction 
of all the electric lighting lines of the wires in the City, whether owned by the City 
or by other parties, and of all connections made with any building or buildings, and 
no such wire or lines of wire shall be placed, laid, erected or constructed, nor shall 
any pole or post or conduit be laid, placed or constructed for such lines, nor any 
connection made with any building or buildings, except ‘under such general regula- 


tions as it from time to time may adopt. 
[§ 214, 1903 charter.] 


§ 100. INJURING OR DESTROYING LIGHTING PROPERTY AN OFFENSE; 
PENALTY: 


Any person who shall cut, break, injure or destroy any building, engine, dynamo 
or other machinery, or appliances, poles, posts, towers, lamps, wires or conduits 
erected, constructed or used for the public lighting of the City, whether owned by the 
corporation or by any party or parties contracting for the lighting of the City, shall 


be deemed guilty of an offense, and shall be punished therefor by a fine of not less 
[§ 215, 1903 charter. ] 


[175] 


than twenty-five dollars nor more than five hundred dollars or by imprisonment not 
exceeding six months or by both fine and imprisonment in the discretion of the court. 


ARTICLE 13—POUND. 


§ 101. POUND MASTER. 
§.102. RULES AND REGULATIONS; DUTY OF POUND MASTER. 


§ 101. POUND MASTER: 


The Council shall, subject to the provisions of the Charter, appoint a Pound 


‘Master. 
[220, 1908 charter. See §290 charter adopted June 7, 1915.] 


§ 102. RULES AND REGULATIONS; DUTY OF POUND MASTER: 


The Council shall establish such rules and regulations, not inconsistent with the 
Charter and ordinances of the City, as it may deem right and proper for the con- 
trol of the pound. 

It shall be the duty of the Pound Master and of that of his deputies and assistants 
to see that the rules and regulations of the Council and the City ordinances relating 
to the pound are enforced and he shall report in writing each month to the Council 
all matters of interest to the pound together with any recommendations he may 


have to make for the efficient administration of the same. 
[§ 221, 1903 charter. ] 


ARTICLE 14—OTHER OFFICERS. 
§ 1038. BOARDS AND COMMISSIONS TO SERVE WITHOUT PAY. 


§ 103. BOARDS AND COMMISSIONS TO SERVE WITHOUT PAY: 


No member of any board or commission shall receive any salary or other com- 


pensation for his services as such. 
[§ 268, 1903 charter. ] 


Local Improvement Code 


ARTICLE 1—STREETS. 
§ 104. THE TERM “STREET” DEFINED. 


§ 104. THE TERM “STREET” DEFINED: 


The term “street,” as used in the Local Improvement Code, shall be construed to 
mean any street, avenue, boulevard, alley or lane which is now, or may hereafter be 


opened or dedicated to public use. 
[§ 372, 1903 charter. ] 


ARTICLE 2—COUNCIL INVESTED WITH JURISDICTION OVER STREETS, ETC. 
§ 105. POWER OVER STREETS, 


§ 105. POWER OVER STREETS: 


All streets, avenues, boulevards, lanes, alleys and bicycle paths within the cor- 
porate limits of the City of Portland, now open or dedicated to public use, or which 
may hereafter be opened or dedicated to public use, or which have or may become 
such by prescription or user, shall be deemed and held to be open public streets, ave- 
nues, boulevards, lanes, alleys and bicycle paths for the purposes of this ordinance, 
and the Council is hereby empowered to fix the width thereof, and is hereby invested 
with jurisdiction to order to be done thereon any of the work mentioned in this or- 


[ 176 ] 


dinance, in accordance with the directions and proceedings provided in the Charter. 
[§ 365, 1908 charter. ] 


ARTICLE 3—EXTENSION OF STREETS. 


§ 106. POWER OF COUNCIL EXTENDED TO BOULEVARDS, LANES, 
ALLEYS, ETC. 

§ 107. ADDITIONAL METHOD OF OPENING STREET. 

§ 108. REMONSTRANCE GRANTED TO PROPERTY OWNERS. 


§ 106. POWER OF COUNCIL EXTENDED TO BOULEVARDS, LANES, ALLEYS, 
ETC.: 


The same power and authority granted by the Charter to the Council to open, 
lay out, establish, widen, alter, extend, vacate and close streets, and to establish and 
change the grade of streets within the limits of the City of Portland, and to ap- 
propriate and condemn private property therefor, are hereby grantéd to said Council 
to open, lay out, establish, widen, alter, extend, vacate and close within the same 
limits, boulevards, avenues, lanes, alleys, bridges, bicycle paths, squares, parks, plats 
and public places, and to appropriate and condemn private property therefor and to 
establish and change the grade of each. And like acts and proceedings as those 
authorized by the Charter to be done and had by said Council, the officers of the 
City, their agents and employes and others, in the matter of opening, laying out, 
establishing, altering, widening, extending, vacating and closing streets, and in 
establishing and changing the grades thereof, are hereby authorized to be done and 
had by said Council and officers and their agents and employes and others in the 
Same manner and with the same effect and limitations in the matter of opening, 
laying out, establishing, widening, altering, extending, vacating or closing of boule- 
vards, avenues, lanes, alleys, bridges, bicycle paths, squares, plats, parks and public 
places within said limits and in establishing and changing the grades thereof, as by 


the Charter provided for in the case of streets. 
[§ 871, 1903 charter. ] 


§ 107. ADDITIONAL METHOD OF OPENING STREET: 


Where the public necessity shall require it, the Council may, by ordinance, direct 
the City Attorney to institute an action for condemnation of any property needed 
for a street or for other public use. By the same ordinance the Council shall direct 
the City Engineer within ten days from the beginning of such action to view such 
property and make report to the Council of the value of the property and of the 
rights and interest of the several persons having interests therein as reported by the 
City Attorney on examination of the title. 

The Council shall thereupon provide a fund and draw a warrant thereon in favor 
of such persons for the sum or sums found by the City Engineer, or such greater 
sum as they may deem proper security for the owners. 

Such fund may be provided by appropriation from the general fund, by levy of 
assessments for benefits, as in other cases or in any other lawful manner. Within 
five days from the deposit of the warrant in the registry of the court where the 
action is pending, the City may take possession of the property unless applicaton 
shall sooner be made to the court for a ruling increasing the amount of the security. 
If such application shall be made within the time limited, the court shall hear same 
forthwith in a summary way, and fix such security as it shall deem necessary as 
security for the taking. 

If the amount is not increased, the City may take possession immediately. If 
the amount be increased, the City shall take possession as soon as the Council shall 
provide a fund and draw a warrant thereon for the amount so fixed, and deposit 
the same in the registry of the court. The action shall then proceed to trial and 
judgment as other like actions. 

No person shall be disqualified to act as a juror therein by reason of his being 


Pats 


a resident and property owner within the City. If the verdict be given for a greater 
amount than the appropriation, judgment shall be against the City for the excess. 
to be payable immediately, and if the court shall so direct, as a condition of the 
further use of the property of the City; if for a less sum, a new warrant shall be 
given for the amount of the judgment, and that deposited shall be returned. 

This section shall not be construed as precluding the owner from any remedies 
otherwise given by law to determine whether the property is subject to appropria- 


tion. 
[§ 851, 1903 charter.] 


§ 108. REMONSTRANCE GRANTED TO PROPERTY OWNERS: 


Within thirty days from the date of the first publication of the notice of any 
public improvement the owners of three-fifths or more in area of the property within 
the assessment district may make and file with the Auditor a written objection to or 
remonstrance against said proposed improvement, and said objection or remonstrance 
shall be a bar to ‘any further proceedings in the making of such improvement for a 
period of six months unless the owners of one-half or more of the property affected 
as aforesaid shall subsequently petition therefor; provided that if any such objection, 
remonstrance or petition shall be signed by the agent or attorney of any property 
owner, there shall be filed with the Auditor within the time provided for such 
remonstrance or petition the written authority for such agent or attorney to sign 
any such remonstrance or petition, otherwise the signature shall be disregarded. 

[§ 852, 1908 charter.] 


ARTICLE 4—VACATION OF STREETS. 


§ 109. NOTICE AND PETITION FOR VACATING STREET. 

§ 110. TITLE TO STREET VACATED. 

§ 111. VACATION OF STREET TO BE BY ORDINANCE; RECORD OF 
SAME, 


§ 109. NOTICE AND PETITION FOR VACATING STREET: 


Whenever any person or corporation interested therein shall desire the vacation 
of any street, or part thereof, within the City of Portland, the person or corporation 
so desiring said vacation shall give notice, by advertisement thereof, for four con- 
secutive weeks, in the City Official Newspaper that at a regular meeting of the 
Council of the said City, to be had at the time stated in such notice of publication, 
a petition will be presented to the Council praying for the vacation of such street, or 
portion thereof, particularly describing the same. The petition, so to be presented 
to the Council shall set forth a description of the part of the street proposed or 
sought to be vacated, and the purpose for which the ground is proposed to be used, 
and the reason for such vacation, and there shall be appended to such petition, as a 
part thereof, and as the basis for such vacation, and as a basis for the granting of the 
prayer of such petition, the consent of the owners in fee simple, of at least two-thirds 
of the real estate fronting on both sides of said street which or part of which is 
proposed to be vacated, estimated upon the frontage of the street, such frontage to 
commence at a line drawn equidistant from the termini of the street, or portion 
thereof, proposed to be vacated, and extending along such proposed vacation the 
entire length thereof and two hundred feet in each direction from the termini thereof, 
unless such street shall not be continuous in either direction, in which case the con- 
sent of the owners above provided for shall only be required for the distance that 
it is continuous; provided, that in the vacation of a plat it shall require the consent 
of the owners of two-thirds of all the real estate fronting on the streets designated 
on such plat. The consent of the owners of the requisite number of front feet here- 
inbefore required to be attached to the petition for the vacation of a street shall be 
given in writing and duly acknowledged before an officer authorized to take acknowl- 
edgments, and such consent shall be attached to the petition for such vacation, and 


[178 ] 


such petition and consent shall be filed with the Auditor. The Council shall, upon 
the presentation of such petition, and the filing of the proof of the due publication 
of the notice herein prescribed with the Auditor, fix a time for hearing said petition 
and objection thereto, if any be filed. At the time fixed by the Council for hearing 
said petition, and the objections filed thereto, if any, the Council shall ascertain and 
determine whether the consent of the owners of the requisite number of front feet 
has been obtained as aforesaid, and such finding shall be made a matter of record, 
and shall be conclusive of the facts as found in all collateral proceedings, and shall 
be prima facie evidence of the facts in all direct proceedings. If upon such hearing 
the Council shall find that the spublic interest would not be prejudiced by the vaca- 
tion of such street, or part thereof, applied for, and that the consent of the owners 
of the requisite number of front feet has been obtained, as hereinbefore provided, 
the Council may grant the prayer of the petitioner in whole or in part, and may 
vacate the street sought to be vacated by such petition, and cause such vacation to 


be made a matter of record. 
[§ 362, 1903 charter. ] 


§ 110. TITLE TO STREET VACATED: 


If upon the hearing of the petition for the vacation of such street, or part thereof, 
as in the preceding section provided for, the Council shall determine that such street 
should be vacated, and shall by ordinance vacate the same, such street shall be at- 
tached to the lots or ground bordering on such street, and all right and title thereto 
shall vest in the owners of the property on each side thereof in equal proportions. In 
every case where a street shall have been originally dedicated wholly by the owner 
or owners of the property abutting upon one side only of such street, then in the 
event of the vacation of such street all right and title thereto shall vest in the then 
owner or owners of the property abutting upon the side of the said street last 


aforesaid. 
[§ 368, 1903 charter. ] 


§ 111. VACATION OF STREET TO BE BY ORDINANCE; RECORD OF SAME: 


The vacation of any street by the Council shall only be made by ordinance, and 
a certified copy of such ordinance shal] be filed for record, and duly recorded, in the 
office of the County Clerk of Multnomah County, and said County Clerk shall record 
the same in the records of deeds for said county and place an appropriate reference 
upon the margin of the original plat or plats of said street, or part thereof vacated, 
to indicate the book and page where such vacation is recorded. 

No street shall be vacated upon the petition of any person or corporation where, 
by such petition, it is proposed to replat or rededicate any stret or streets in lieu of 
the original plat or streets, unless such petition shall be accompanied by a plat show- 
ing the proposed manner of replatting of the streets, alleys or highways to be dedi- 
cated in lieu of the street or streets asked to be vacated, and attached to which proposed 
plat or dedication there shall be the sworn affidavit of the person promosing to make 
such new plat or dedicate such street for highways, that such proposed plat or dedica- 
tion of streets will be made immediately upon the vacation prayed for in the petition 
in consideration thereof. 

[§ 364, 1903 charter as amended June 7, 1909.] 


ARTICLE 5—SIDEWALKS. 


§ 112. OWNERS TO REPAIR SIDEWALKS; NOTICE THEREOF. 

§ 113. PERMIT FOR SIDEWALK REPAIRS. 

§ 114. COUNCIL AUTHORITY - OVER SIDEWALKS; ASSESSMENT FOR 
SIDEWALK REPAIRS. 

§115. ADVANCES FROM GENERAL FUND. 

§ 116. DAMAGES FOR NEGLIGENCE. 


[179 ] 


§ 112. OWNERS TO REPAIR SIDEWALKS; NOTICE THEREOF: 


It is hereby made the duty of all owners of land adjoining any street in the City 
of Portland to construct, reconstruct and maintain in good repair the sidewalks in 
front of said lands. The Council shall have power and authority to determine the 
grade and width of all sidewalks, the material to be used and the specifications for 
the construction thereof upon any street or part thereof or within any district in said 
City. If the owner of any lot or part thereof, or parcel of land, shall suffer any side- 
walk along the same to become out of repair, it shall be the duty of the City Engineer 
to post a notice on the adjacent property, headed “Notice to Repair Sidewalk,” in 
letters not less than one inch in length, and said notice shall in legible characters 
direct the owner, agent or occupant of said property immediately to repair the same 
in a good and substantial manner, and the City Engineer shall file with the Auditor 
an affidavit of the posting of such notice, stating the date when and the place where 
the same was: posted. The Auditor shall upon receiving the affidavits of the City 
Engineer send by mail a notice to repair said sidewalk to the owner (if known) of 
such proplerty, or to the agent (if known) of the owner, and directed to the Sostoffice 
address of such owner or agent, where such postoffice address is known to the 
Auditor, and if such postoffice address be unknown to the Auditor, such notice shall 
be directed to such owner or agent at Portland, Oregon. A mistake in the name of 
the owner or agent, or a name other than that of the true owner or agent of such 
property shall not render void said notice, but in such case the posted notice shall be 


sufficient. 
[§ 384,1903 charter. ] 


§ 113. PERMIT FOR SIDEWALK REPAIRS: 


The owner, agent or occupant before making said repairs shall obtain from the 
City Engineer a permit so to do, which shall prescribe the kind of repair to be made, 
the material to be used and specifications therefor, and the owner, agent or occupant 
shall make said repairs within twenty days from the date of posting said notice. 
If the owner, agent or occupant of any such lot or part thereof or parcel of land 
shall fail, neglect or refuse to make the sidewalk repairs within the time designated, 
the City Engineer shall make the same, and keep an accurate account of the cost of 
the labor and materials in making the repairs in front of each lot or parcel of land, 
and shall report monthly to the Council the cost of such repairs, and a description 
of the lot or part thereof or parcel of land fronting on the sidewalk typon which such 


repairs are made. 
[§885, 1908 Charter.] 


§ 114. COUNCIL AUTHORITY OVER SIDEWALKS; ASSESSMENT FOR SIDE- 
WALK REPAIRS: 


The Council shall exercise the same general authority and supervision over side- 
walk repairs that it shall have in the matter of street improvements; it shall inspect 
the reports of sidewalk repairs and the cost thereof made by the City Engineer, 
and if it deems the same to be reasonable it shall approve the same. The Council 
shall at least once each year by ordinance assess upon each of the lots or parts, 
thereof or parcels of land fronting upon sidewalks which have been so repaired the 
cost of making such repairs as approved by the Council and ten per cent additional 
to defray the cost of notice, engineering and advertising. In each case all such as- 
sessments may be combined in one assessment roll and the same shall be entered 
on the Docket of City Liens and collected in the same manner as is provided for 


special assessments for street improvements. 
[§386, 1903 Charter. ] 


§ 115. ADVANCES FROM GENERAL FUND: 


Moneys to repair sidewalks when the repair shall be made by the City Engineer 
under the charter may, at the discretion of the Council, be advanced from the Gen- 


[ 180 } 


eral Fund to be reimbursed by the special assessment when collected. 
[§3887, 1903 Charter. ] 


§ 116. DAMAGES FOR NEGLIGENCE: 


It is not only the duty of all owners of land within the City to keep in repairs 
all sidewalks, constructed or existing in front of, along or abutting upon their re- 
spective lots or parts thereof and parcels of land, but such owners are hereby de- 
clared to be liable for all damages to whomsoever resulting, arising from their 
fault or negligence in failing to put any such sidewalk in repair, after the owner or 
agent thereof has been notified as provided in the charter so to do; and no action 
shall be maintained against the City of Portland by any person injured through or 


by means of any defect in any sidewalk. 
[§388, 1903 Charter.] 


ARTICLE 6.—SEWERS AND DRAINS. 


§ 117. COUNCIL MAY ORDER CONSTRUCTION OF SEWERS. 

§ 118. CITY ENGINEER TO MAKE PLANS AND SPECIFICATIONS; DIS- 
TRICTS; ASSESSMENTS. 

§ 119. PUBLICATION OF RESOLUTION; NOTICES. 

§ 120. REMONSTRANCES. 

§ 121, COUNCIL TO MAKE CONTRACTS. 


§ 117. COUNCIL MAY ORDER CONSTRUCTION OF SEWERS: 


The Council is hereby authorized and empowered whenever it may deem that 
the public health, interest or convenience may require, to order to be constructed 
and laid all sewers and drains, with all necessary manholes, lamp-holes, catch basins 
and branches, and to repair or relay the same, and to levy and collect an assessment 
upon all lots and parcels of land specially benefited by such sewers and drains, to 
defray the whole or any portion of the cost and expense thereof, and to determine 
what lands are specially benefited by such sewer and the amounts to which each 


lot or parcel of land is benefited. 
[§3889, 1908 Charter.] 


§ 118. CITY ENGINEER TO MAKE PLANS AND SPECIFICATIONS; DIS- 
TRICTS; ASSESSMENTS: 


Whenever the Council shall deem it expedient or necessary to construct or relay 
any sewer or drain, it shall require from the City Engineer plans and specifications 
for an appropriate sewer or drain with all necessary catch basins, manholes, lamp- 
holes and branches; and pursuant thereto, the City Engineer shall prepare two or 
more sets of plans and specifications for an appropriate sewer or drain, each set of 
which shall specify a separate and distinct class or kind of sewer pipe, and estimates 
of the work to be done and the probable total cost of each style of construction and 
the City Engineer shall file such plans, specifications and estimates in the office 
of the Auditor; provided, however, that if there shall be specified in any portion 
of said sewer or drain a type of construction other than sewer pipe, the City Engi- 
neer may prepare only one or more sets of plans and specification and estimates of 
separate and distinct styles of construction for such portion of said sewer or 
drain. If the Council shall find said sets of specifications; plans and estimates to 
be satisfactory, it shall approve the same and shall determine the boundaries of 
the district benefited and to be assessed for such sewer or drain and the action of 
the Council in the creation of such assessment district shall be final and conclusive. 
The Council shall, by resolution, declare its purpose to construct said sewer or drain, 
describe the location thereof and include therein the City Engineer’s estimate of 
the probable cost thereof according to each of said plans and specifications, and de- 
fine the boundaries of the assessment district to be benefited and assessed therefor. 
The action of the Council in declaring its intention to construct or relay a sewer 


eIsit i 


or drain, directing the publication thereof, approving and adopting the sets of 
plans, specifications and estimates of the City Engineer and determining the district 
benefited thereby and to be assessed therefor, may be done in one and the same 
resolution. 

Within twenty (20) days from the date of the first publication of the notice 
of the Council declaring its intention to construct said sewer or drain, the owner or 
owners of any property within the assessment district may file with the Auditor a 
written remonstrance against said proposed sewer or against the adoption of any 
particular sets of plans or specifications, and the Council, upon hearing said remon- 
strance may, in its discretion, discontinue proceedings in said matter, but the Council 
may overrule any and all remonstrances and shall have the power and authority to 
order the construction of said sewer or drain or for the repair or relaying of the 
same, and within three months from the date of the final publication of this previous 
resolution may, by ordinance, provide for the same, which shall substantially con- 
form to the sets of plans and specifications previously adopted. Upon the passage 
of said ordinance, the Council without delay, shall give notice by publication of not 
less than five successive days in the City Official Newspaper, inviting proposals for 
the construction, repair or relaying of said sewer in accordance with the City En- 
gineer’s sets of specifications, plans and estimates. The Council shall have power 
and authority to specify the kind or class of sewer to be constrtcted and shall ex- 
ercise the same power, authority and supervision in the advertising for bids, award- 
ing of contracts, and the supervision and accepting of the work as is delegated to 
said Council in the matter of street improvements so far as consistent with ‘the 
provisions of this article. 


The provisions of this article shall not apply to proceedings for the laying of 
any sewer commenced prior to the adoption of this amendment, and all such pro- 
ceedings shall be completed in accordance with the provisions of the Charter in force 
at the time of their commencement, and for such (purpose all provisions of the Char- 
ter of the City of Portland repealed by this article shall be in force and effect. 

All sections or parts of sections in conflict with the provisions of this article 


are hereby repealed in so far as they conflict therewith. 
[§390, 1903 Charter.] 


§ 119. PUBLICATION OF RESOLUTION; NOTICES: 


The resolution of the Council declaring its purpose to construct or relay such 
sewer or drain shall be kept of record in the office of the Auditor and shall be pub- 
lished for ten consecutive publications, excluding Sundays, in the City Official News- 
paper. The City Engineer within five days from the first publication of said reso- 
lution shall cause to be posted conspicuously on the street or streets along the line 
of the contemplated sewer or drain, at least two notices headed “Notice of Sewer 
Work,” in letters not less than one inch in length, and said notices shall contain in 
legible characters a copy of the resolution of the Council and the date of its passage, 
and the City Engineer shall file with the Auditor an affidavit of the posting of 
such notices, stating therein the date when, and places where, the same have been 


posted. 
[§391, 1903 Charter.] 


§ 120. REMONSTRANCES: 


Within twenty days from the date of the first publication of the notice re- 
quired to be published in the preceding section, the owner or owners of any property 
within the assessment district may file with the Auditor a written remonstrance 
against said proposed sewer, and the Council upon hearing said remonstrance, may, 
at its discretion, discontinue proceedings in said matter, but the Council may over- 
rule any and all remonstrances, and shall have power and authority to order the 
construction of said sewer or drain, or the repair or relaying of the same, and within 
three months from the date of the final publication of its previous resolution, may 


[ 182 ] 


by ordinance provide for the same, which shall substantially conform to the plans 


and specifications previously adopted, 
[§392, 1903 Charter.] 


§121. COUNCIL TO MAKE CONTRACTS: 


Upon the passage of said ordinance the Council shall exercise the same power, 
authority and supervision in the advertisement for bids, awarding contracts, the 
requiring of bonds, supervising and accepting the work as is granted in the matter 


of street improvements. 
[§393, 1903 Charter.] 


ARTICLE 7.—IMPROVEMENT OF STREETS. 


122. DEFINITION OF TERMS “IMPROVE” AND “IMPROVEMENT.” 

123. PROCEDURE FOR IMPROVEMENTS. 

124. CITY ENGINEER TO MAKE PLANS AND SPECIFICATIONS; DIS- 
TRICTS; ASSESSMENT. 

125. PUBLICATION OF RESOLUTION; NOTICES. 

126. REMONSTRRANCES. 

127. JURISDICTION OF COUNCIL—WHEN ACQUIRED. 

128. COUNCIL TO MAKE CONTRACT. 

129,. NOTICE OF COMPLETION; ACCEPTANCE. 

130. IMPROVEMENT BY PERMIT. 

131. KINDS OF IMPROVEMENTS CLASSIFIED; STREET REPAIRS. 

132. COUNCIL’S POWER; STREET SURFACES. 


COR COR COR 


Cn CR COR COR COA Ur COR WOR 


§ 122. DEFINITION OF TERMS “IMPROVE” AND “IMPROVEMENT.” 


The terms “improve” and “improvement” as used in the Local Improvement Code 
in reference to streets shall be construed to include all grading or regrading, paving 
or repaving, planking or replanking, macadamizing or remacadamizing, graveling or 
regraveling, and all manner of bridge work and roadway improvement or repair and 
all manner of constructing sidewalks, crosswalks, gutters and curbs within any of the 


streets in the City of Portland, or any part of any such street. 
[§373, 19038 Charter.] 


§ 123. PROCEDURE FOR IMPROVEMENTS: 


The Council, whenever it may deem it expedient is hereby authorized and em- 
powered to order the whole or any part of the streets of the City to be improved, to 
determine the character, kind and extent of such improvement, to levy and collect an 
assessment upon' all lots and parcels of land specially benefited by such improve- 
ments, to defray the whole or any portion of the cost and expense thereof and to de- 
termine what lands are gpecially benefited by such improvement and the amount to 
which each parcel or tract of land is benefited. 

In the improvement of a street or streets with gravel or macadam, suitable tiling 
shall be laid for drainage and the said gravel or macadam shall be laid in such a 
manner that the surface of the street shall be not to exceed three (3) inches below 
the established grade so as to admit of a hard surface covering. 

The Council, in improving any street or streets or any part or parts thereof, 
within a district that includes paving, shall require from the City Engineer plans, 
specifications and estimates for two or more kinds of appropriate improvements, at 
least one of which must be of a non-patentable kind, and the probable total cost of 
each class of improvement, and the City Engineer shall file such plans, splecifications 
and estimates in the office of the Auditor of the City of Portland. If the Council 
shall find such plans, specifications and estimates to be satisfactory, it shall ap- 
prove the same and shall determine the boundaries of the district benefited and to 
be assessed for such improvement and the action of the Council in the creation of 
such assessment district shall be final and conclusive. The Council shall by reso- 


[ 183 ] 


lution declare its purpose of making said improvement, describing the same and 
also defining the boundaries of the assessment district to be benefited and assessed 
therefor. The action of the Council in declaring its intention to improve any street 
or streets or any part or parts thereof, approving and adopting the plans, specifi- 
cations and estimates of the City Engineer, and determining the district benefited 
and to be assessed thereby, may all be done at one and the same meeting of the 
Council. 


Upon the passage of said resolution by the Council, the Auditor shall without 
delay give notice by publication for not less than five successive days in the City 
Official Newspaper, inviting bids for making said improvement; each bid submitted 
must be accompanied by a certified check equal in amount to ten per cent (10%) of 
the amount of the bid. When such bids are received and the amount of 
the lowest responsibile bid for each kind or class of improvement has been 
ascertained, the Council shall, by resolution, determine the character of the 
improvement to be laid and the lowest responsible bid, and direct the Auditor 
to publish a notice declaring its intention of making such improvement, de- 
scribing the same, defining the boundaries of the district to be benefited 
and assessed therefor and the amount of the lowest rsponsible bid  sub- 
mitted for such improvement. Upon the passage of said resolution, the 
Auditor of the City of Portland is hereby authorized to return to the respective 
bidders the checks stbmitted with their bids, except the check accompanying the 
bid submitted for the improvement selected, which shall be held until such time 
as a remonstrance is filed, sufficient to defeat said improvement, a contract and 
bond executed, as provided by law, or ordered returned by the Council. 

Within twenty days from the date of the publication of the notice of the determi- 
nation of the Council of the character of the improvement and the lowest responsible 
bidder, the owners of three-fifths or more in area of the property within such assess- 
ment district may make and file with the Auditor a written objection to or remon- 
Sstrance against said proposed improvement, and said objection or remonstrance shall 
be a bar to any further proceedings in the making of such improvement for a period 
of six months unless the owners of one-half or more of the property affected as 
aforesaid shall subsequently petition therefor: Provided, that if any such objection, 
monstrance or petition the written authority for such agent or attorney to sign any 
owner, there shall be filed with the Auditor within the time provided for such re- 
monstrance or jjetition the written authority for such agent or attorney to sign any 
such remonstrance, or petition, otherwise the signature shall be disregarded. 

If no such objection or remonstrance be made and filed with the Auditor within 
the time designated, or if any remonstrance filed is not legally signed by the owners 
of three-fifths of the property affected, the Council shall be deemed to have ac- 
quired jurisdiction to order the improvement to be made, and the Council may there- 
after and within three months from the date of the final publication of its previous 
resolution by ordinance provide for making said improvement, which shall conform 
in all particulars to the plans and specifications previously adopted. 

When the Council shall, by ordinance, provide for making an improvement, the 
City shall be deemed to have appropriated and acquired ownership of all earth above 
grade and within the street lines for said improvement and no private ownership 
shall thereafter be claimed in said earth. 

Upon the passage of said ordinance the Council shall without delay enter into 
a contract with the aforesaid lowest bidder, as determined by said Council. The 
Council shall have the power to impose such conditions upon bidders with regard to 
bonds and securities, and guarantees of the good faith and responsibility of bidders, 
for insuring the faithful completion of the work in strict accordance with the spec- 
ifications therefor, and to make all rules and regulations in the letting of contracts 
that may be considered by the said Council as advantageous to the City. It shall be 
the duty of the Council to fix the time in which every such improvement shall be 
completed and it may extend such time should the circumstances warrant, and 
the said Council shall have the power and authority to make all written contracts, 
to provide for the proper inspection and supervision of all work done under the pro- 


[ 184 ] 


visions of this article and to do any other act to secure the faithful carrying out of 
all contracts, and the making of improvements in strict compliance with the ordin- 
ances and specifications thereof. 

The Council shall have the power and authority in providing for any street im- 
provement to provide for placing in the street, where said improvement is to be 
made, all necessary service pipes for water, gas, heat, power, sewerage, or any other 
purpose, and all conduits for electric wires or other punposes, that are or may there- 
after be necessary. 

The Council may also provide a certain time after any street improvement is 
made during which it shall not be torn up or disturbed. The Council shall also have 
the power and authority to provide that no opening of any street surface shall be 
made without first obtaining a permit therefor. The Council shall have the power to 
prescribe and enforce all rules regulating the opening of street surfaces in all streets 
of the City, which it may deem necessary to secure the replacing of the street in 
good condition. 

The provisions of this article shall not apply to street improvement proceedings 
commenced prior to the adoption of this amendment, and all such proceedings shall 
be completed in accordance with the provisions of the Charter in force at the time 
of their commencement, and for such purpose all provisions of the Charter of the 
City of Portland repealed by this Section shall be in force and effect. 

All Sections or parts of section of the Local Improvement Code in conflict with 


the provisions of this Section are hereby repealed in so far as they conflict therewith. 
[§374, 1903 Charter as Amended June 5, 1911.] 


§ 124. CITY ENGINEER TO MAKE PLANS AND SPECIFICATIONS; DIS- 
TRICTS; ASSESSMENT: 


Whenever the Council shall deem it expedient or necessary to improve any street 
or streets or any part or parts thereof within a district in the City of Portland, it 
shall require from the City Engineer plans and specifications for an appropriate 
improvement and estimates of the work to be done and the probable cost thereof, 
and the City Engineer shall file such plans, specifications and estimates in the office 
of the Auditor of the City of Portland. If the Council shall find such plans, speci- 
fications and estimates to be satisfactory, it shall approve the same and shall deter- 
mine the boundaries of the district benefited and to be assessed for such imiprove- 
ment, and the action of the Council in the creation of such assessment district shall 
be final and conclusive. The Council shall by resolution declare its purpose of mak- 
ing said improvement, describing the same and including such engineers estimate 
of the probable total cost thereof, and also defining the boundaries of the assess- 
ment district to be benefited and assessed therefor. The action of the Council in 
declaring its intention to improve any street or streets or any part or parts thereof,. 
directing the publication of notice thereof, approving and adopting the plans, speci- 
fications and estimates of the City Engineer, and determining the district benefited 


and to be assessed thereby, may all be done in one and the same act. 
[§375, 1903 Charter, as Amended June 38, 1907.] 


§ 125. PUBLICATION OF RESOLUTION; NOTICES: Pm 


The resolution of the Council declaring its purpose to improve the street shall 
be kept of record in the office of the Auditor and shall be published for ten con- 
secutive publications in the City Official Newspaper. The City Engineer within five 
days from the first publication of said resolution shall cause to be conspicuously post- 
ed at each end of the line of the contemplated improvement a notice headed “Notice 
of Street Work” in letters of not less than one inch in length, and said notice shall 
contain in legible characters a copy of the resolution of the Council and the date 
of its adoption, and the Engineer shall file with the Auditor an affidavit of the 
posting of said notices, stating therein the date when, and places where the same 


have been posted. 
[§376, 1903 Charter.] 


[ 185 ] 


§ 126. REMONSTRANCES: 


Within twenty days from the date of the first publication of the notice required 
to be published in the preceding section, the owners of sixty ‘per centum or more in 
area of the property within such assessment district may make and file with the 
Auditor a written objection to or remonstrance against said proposed improvement, 
and said objection or remonstrance shall be a bar to any further proceedings in the 
making of such improvement for a period of six months unless the owners of one- 
half or more of the property affected as aforesaid shall subsequently petition there- 
for; provided, that if any such objection, remonstrance or petition shall be signed 
by the agent or attorney of any property owner, there shall be filed with the Au- 
ditor within the time provided for such remonstrance or petition the written au- 
thority for such agent or attorney to sign any such remonstrance or petition, other- 


wise the signature shall be disregarded. 
[§377, 1903 Charter as Amended June 8, 1907.] 


§ 127. JURISDICTION OF COUNCIL—WHEN ACQUIRED. 


If no such objection or remonstrance be made and filed with the Auditor within 
the time designated, or if any remonstrance filed is not legally signed by the owners 
of sixty per centum of the property affected, the Council shall be deemed to have 
acquired jurisdiction to order the improvement to be made, and the Council may 
thereafter and within three months from the date of the final publication of its 
previous resolution by ordinance provide for making said improvement, which shall 
conform in all particulars to the plans and specifications previously .adopited. 

When the Council shall, by ordinance, provide for making an improvement, the 
City shall be deemed to have appropriated and acquired ownership of all earth above 
grade and within the street lines for said improvement and no private ownership 


shall thereafter be claimed in said earth. 
[§3878, 1903 Charter, as Amended June 7, 1909.] 


§ 128. COUNCIL TO MAKE CONTRACT: 


Upon the passage of said ordinance, the Council shall, without delay, give notice 

by publication for not less than five successive days in the City Official Newspaper, 
inviting proposals for making said improvement. The Council shall have the power 
to award the contract or contracts for said improvement and to impose such condi- 
tions upon bidders with regard to bonds and securities, and guarantees of the good 
faith and responsibility of bidders, for insuring the faithful completion of the work 
in strict accordance with the specifications therefore, and to make all rules and reg- 
ulations in the letting of contracts that may be considered by said Council as ad- 
vantageous to the City. Such contract or contracts shall be let to the lowest re- 
sponsible bidder for either the whole of said improvement or such part thereof as 
will not materially conflict with the completion of the remainder thereof, but the 
Council shall have the right to reject any or all proposals received. It shall be the 
duty of the Council to fix the time in which every such improvement shall be com- 
pleted and it may extend such time should the circumstances warrant. The said 
Council shall have power and authority to’ make all written contracts, to receive and 
approve all bonds authorized by this article, to provide for the proper inspection 
and supervision of all work done under the provisions of this article, and to do any 
other act to secure the faithful carrying out of all contracts, and the making of 
improvements in strict compliance with the ordinances and specifications thereof. 

[§379, 1903 Charter. ] julie 


§ 129. NOTICE OF COMPLETION; ACCEPTANCE: 


Whenever any street improvement ,is comipleted in whole or in part to the sat- 
isfaction of the City Engineer, he shall file a certificate of the completion, and his 
approval of such work so completed, with the Auditor, who shall thereafter publish 
a notice of such completion for not less than five successive days in the City Official 


[ 186 ] 


Newspaper, stating therein when the acceptance of the same will be considered by 
the Council, and at that time or at any time prior thereto any owner of any interest 
in or the agent of any property within the assessment district of said improvement 
may appear and file objections to the acceptance of said improvement, and such 
objections shall be considered and the merits thereof determined by said Council, 
and if it appear that said work or improvement has not been completed in accordance 
with the specifications and contract, the Council shall require the same to be so 
completed before accepting it. Whenever any work or improvement is accepted, 
the Auditor shall endorse its approval on the certificate of the City Engineer, and 
after the assessment therefor is made and docketed the Mayor and Auditor shall 
draw warrants on the fund created for said improvement and in favor of the par- 


ties entitled thereto. 
[§380, 1903 Charter. ] 


§130. IMPROVEMENT BY PERMIT: 


Whenever the grade of any street has been established, the Council may author- 
ize the owner or owners of any property thereon to cut down or fill up such street 
in front of such property according to such grade, under the direction of the City 
Engineer, at the expense of such owner or owners, but the authority mentioned in 
this section cannot be granted after notice has been given by the Council of inten- 
tion to improve the street in front of such property. In giving such authority the 
Council may impose such terms and conditions thereon as may be necessary to secure 
the deposit of earth or other matter excavated from. the street upon any part there- 
of which may need to be filled and to charge fees for said permits to cover any ex- 


pense incurred by the City in the survey and inspection of the work to be done. 
[§381, 1903 Charter.] 


§ 131. KINDS OF IMPROVEMENTS CLASSIFIED; STREET REPAIRS: 


The Council shall have power and authority to classify the various kinds of 
street improvements or pavements between the curb lines of streets, and to deter- 
mine the number of years for which each class of improvement shall be maintained 
by the City after the same has been made. The Council shall also have power 
and authority to determine the class of improvement which shall be made in each 
and every street within the City. The class of every street improvement ordered 
by the Council and the number of years for which it shall be maintained by the City 
shall be stated in each resolution and ordinance providing for a street improvement. 
When such improvement is made, the City, by and through its Council, shall main- 
tain and keep in repair all the roadway between. the curb lines, except the portions 
which railroad or street railway companies are liable to maintain or keep in repair 
for the full number of years stated in the ordinance providing for their improvement, 
and the costs thereof shall be paid for out of the fund provided therefor. The Coun- 
cil shall also have power and ,authority to contract for the maintenance and repair 
of all that part of any street which the City is liable to maintain or keep in repair 
for the full number of years for which the City is bound, at the same time that the 
contract for the street improvement is made, but every contract for street main- 
tenance and repair shall be awarded in the same manner and subject to the same 
conditions, so far as applicable, as may be provided for the letting of contracts 
for street improvements; provided, that no contracts shall be made or entered into 
for such maintenance and repair of streets which shall bind the City during any 
one year for any sum of money in excess of the amount authorized in its budget 


for street repairs. 
[§382, 1903 Charter.] 


§ 1382. COUNCIL’S POWER; STREET SURFACES: 


The Council shall have power and authority in providing for any street im- 
provement requiring a concrete foundation also to provide for placing in the street 


[ 187 ] 


where said improvement is to be made, all necessary service pipes for water, gas, 
heat, power, sewerage or any other purpose, and all conduits for electric wires or 
other purposes, that are or may thereafter be necessary. 

The Council may also provide a certain time after any street improvement is 
made during which it shall not be torn up or disturbed. The Council shall also have — 
power and authority to provide that no opening of any street surface shall be made 
without first obtaining a permit therefor. The Council shall have power to pre- 
scribe and enforce all rules regulating the opening of street surfaces in all streets 
of the City, which it may deem necessary, to secure the replacing of the street in 


good condition. 
[§383, 1903 Charter. ] 


ARTICLE 8.—SPECIAL ASSESSMENTS. 


1383. ESTIMATE OF COST AND APPORTIONMENT; NOTICE. 

1384. ASSESSMENT OF BENEFITS. 

1385. ASSESSMENTS CONFIRMED. 

136. MISTAKES IN PROCEEDINGS. 

137. DOCKETING AND PUBLICATION OF ASSESSMENT. 

138. DOCKET OF CITY LIENS. 

139. LIEN OF ASSESSMENT; PAYMENT. 

140. PAYMENT BY LIEN CREDITOR. 

141. OWNER—WHAT IS. 

142, ASSESSMENT—WHERE PAID. 

143. DELINQUENTS. 

144. SALE FOR UNPAID ASSESSMENTS. 

145. RECEIPTS OF TREASURER. 

146. PAYMENTS IN LAWFUL MONEY. 

147. CERTIFICATE OF SALE. 

148. TREASURER’S RETURN; UNSOLD PROPERTY. 

149. REDEMPTION. 

150. DEED; EFFECT THEREOF. 

151. LIMITATION OF ACTIONS THEREON; TENDER OF TAX. 

152. NOTICES—FAILURE IN, NOT FATAL. 

153. LIABILITY OF THE CITY AND ITS OFFICERS FOR EXPENSE OF 
STREET WORK. 

1504. ASSESSMENT FOR DEFICIT. 

155. SURPLUS. 

156, REASSESSMENT. 

157. APPEAL THEREFROM. 

158. JUDGMENT; COST AND FEES. 

159. PROCEEDINGS UNDER PREVIOUS CURATIVE CLAUSE. 

160. PROCEEDINGS PRESUMED REGULAR, 

161. BONDED ASSESSMENTS ON TRACTS OF LAND; SUBDIVISION 
OF ASSESSMENTS. 


COR COR COR COR LOR COR LOD UPD (OP UP (On LOD UL WC? COR CR? COR CO UL? OA LM 


(On COR COR LP COR COR COR LH 


§ 133. ESTIMATE OF COST AND APPORTIONMENT; NOTICE. 


Whenever any street improvement, or the construction, reconstruction, or repair 
of any sewer, any part of the cost of which is to be assessed upon the property 
benefited thereby, is completed in whole, or in such part that the cost of the whole 
can be determined, the City Engineer shall certify to the Auditor the accuracy of 
the original estimate of the work to be done, or if, in progress of the work it has 
been found necessary to make any alteration in said estimated work for any cause 
whatsoever, the City Engineer shall file a corrected estimate in detail of such work, 
and the Auditor shall apportion the cost thereof (except the share to be paid in 
case of street improvement by railroad or street railway companies, by reason of 
their use of the streets) upon the lots, parts of lots, and parcels of land benefited 
thereby and within the assessment district. The contract price based upon the esti- 


[ 188 ] 


mate of the City Engineer, the costs of rights of way and expenses of condemning 
land, and a sum not to exceed five per cent of the contract price as the cost of 
advertising, engineering, and superintendence, shall be deemed to be the cost of 
every sewer or street improvement. When the Auditor has ascertained what he 
may deem a just apportionment of said cost, in accordance with the special and pe- 
culiar benefits derived by each lot, or part thereof, and parcel of land, the same 
shall be a proposed assessment, and the Auditor shall give notice of the same by 
publication for five consecutive insertions in the City Official Newspaper, therein 
specifying the improvement or sewer for which said proposed assessment is appor- 
tioned, the whole cost of such improvement or sewer, the boundaries of the district 
to be assessed therefor, that said proposed assessment has been apportioned and is 
on file in the office of the Auditor and subject to examination, and also that any 
objection to such apportionment that may be made in writing to the Council and 
filed with the Auditor within ten days from the first publication of such notice will 
be heard and determined by the Council before the passage of any ordinance assess- 
ing the cost of said improvement or sewer. It shall also be the duty of the Auditor 
forthwith to send by mail, postpaid, a notice of the share so apportioned to each lot 
or part thereof, or parcel of land, stating the time within which objections to such 
apportionment may be made in writng to the Council and filed with the Auditor, to 
the owner (if known) of each lot, or part thereof, or parcel of land, or to the agent 
of such owner, directed to the postoffice address of such owner or agent, when such 
postoffice address is known to him, and if such postoffice address be unknown to 


him, then such notice shall be directed to such owner or agent at Portland, Oregon. 
[§$894, 1903 Charter as Amended June 5, 1905.] 


§ 134. ASSESSMENT OF BENEFITS: 


After the time specified in said notice has elapsed, the Council shall consider 
said proposed assessment and all objections made thereto, and shall have the power, 
at its discretion and without any further notice, to consider, ascertain, and determine 
the amount of the special and peculiar benefits accruing to each lot, or part thereof, 
or parcel of land so assessed, by reason of the construction, reconstruction, or repair 
of said sewer, or of the improvement of said street or part thereof, and if the amount 
apportioned by the Auditor to any lot or part thereof, or parcel of land shall not 
be in just proportion to such benefits, the assessment against such lot, or part there- 
of, or parcel of land shall be so reduced or increased by the Council that it shall be in 
just proportion to such benefits; but in no case shall any such assessment exceed 
such benefits. The assessment roll shall then be numbered and the Council shall de- 
clare said assessment by ordinance, which shall designate the improvement or sewer 
for which the assessment is levied, the number of the assessment roll, and the whole 
cost of said improvement or sewer, but such assessment need not be set out at 


large in said ordinance, 
[§395, 1908 Charter as Amended June 5, 1905.] 


§ 135. ASSESSMENTS CONFIRMED: 


Each lot or part thereof or parcel of land shall be deemed to be benefited by the 
sewer construction, reconstruction or repair or street improvement, as the case 


may be, to the full amount of the assessment levied thereon. 
[§396, 1903 Charter.] 


§ 136. MISTAKES IN PROCEEDINGS: 


No such assessment shall be held invalid by reason of failure to enter the name 
of the owner of any lot or part of a lot or parcel of land so assessed or by a mistake 
in the name of the owner, or the entry of a name other than the name of the owner, 
in said assessment, or in any acts or proceedings connected therewith, and no delays, 
mistakes, errors, or irregularities in any act or proceeding in the improvement of a 
street or the construction of a sewer or drain shall prejudice or invalidate any final 


[ 189 ] 


assessment, but the same may be remedied by subsequent and amended acts or pro- 


ceedings. 
[§397, 1903 Charter. ] 


§ 137. DOCKETING AND PUBLICATION OF ASSESSMENT: 


When an assessment has been declared by ordinance it shall be the duty of the 
Auditor to enter a statement of said assessment in the Docket of City Liens, to 
furnish a copy of said assessment to the City Treasurer, and to give notice of said 
assessment by publishing for five consecutive insertions in the City Official News- 
paper, a notice which shall specify the improvement or sewer for which said as- 
sessment is levied, the whole cost of said improvement or sewer, the boundaries of 
the district assessed, the number and title of the ordinance declaring the said as- 
sessment, that the same is due and payable, the time when said assessment shall 
bear interest, and the time when the same shall be delinquent, and to send by mail to 
each person whose property is assessed, or to his agent, a notice of said’ assessment, 
when the postoffice address of such person or his agent is known to the Auditor, 
and if such postoffice address be unknown to the Auditor, such notice shall be 


directed to such person or agent at Portland, Oregon. 
[§405, 1908 Charter as Amended June 5, 1905.] 


§ 1388. DOCKET OF CITY LIENS: 


The Docket of City Liens is a book in which must be entered the following 
matter in relation to special assessments for local improvements: The date of the 
entry, the number or letter of each lot assessed and the number or the letter of the 
block of which it is a part, and a description of each unplatted tract or parcel of land, 
the sum assessed upon each lot or part thereof, or tract of land, and the name of the 
owner, or that the owner is unknown; provided, that failing to enter the name of 
the owner or mistake in the name of the owner, or the entry of a name other than 
that of the true owner in such lien docket, shall not render void any assessment, 
nor in any way affect the lien of the City of Portland on the property described in 


such lien docket. 
[§406, 1903 Charter.] 


§ 139. LIEN OF ASSESSMENT; PAYMENT: 


The Docket of City Liens is a public writing, and from the date of the entry 
therein of an assessment the sum as entered is hereby declared to be a tax levied. 
and a lien upon such lot, part thereof, or tract of land, which lens shall have pri- 
ority over all other liens and incumbrances whatsoever thereon, and the sum or sums 
of money assessed for any local improvement, entered upon such lien docket, shall be 
due and payable from the date of such entry, and if not paid, or bonded as provided | 
by law, within ten days from the date of such entry, thereafter the same shall be 


delinquent and shall bear interest at the legal rate. 
[§407, 1903 Charter. ] 


§ 140. PAYMENT BY LIEN CREDITOR: 


When an assessment upon any lot or part thereof becomes delinquent, any fper- 
son having a lien thereon by judgment, decree or mortgage, or having purchased the 
same for any celinquent tax or assessment, may at any time before the sale of such 
lot or part thereof, pay the same, and such payment discharges the property from 
the effect of the assessment, and the amount of such delinquent taxes and all ac- 
cruing costs and charges, if any, when so paid, is thereafter to be deemed a part 
of such lien creditor’s judgment, decree, mortgage or tax lien, as the case may be, 
and shall bear interest and may be enforced and collected as a part thereof. 

If the holder of any tax lien or claim pays off such assessment he may there- 
after present the receipt to the officer who shall have charge of the tax roll or 
docket containing the record of the tax sale at which he purchased such property, 
- and thereupon..such officer. shall make a note of the amount of such assessment so 


[ 190 ] 


paid by such purchaser, and shall exact repayment thereof, together with interest 
as above prescribed, from any person making redemption from such sale, and no 
redemption shall discharge the property from the effect of such sale which shall not 
include the amount of such assessment paid by the purchaser after the purchaser 


shall have presented the receipt as above prescribed. 
[§408, 1903 Charter.] 


§ 141. OWNER—WHAT IS: 


Whenever any lot or part thereof, or tract of land is sold for a delinquent as- 
sessment for a street improvement, and afterwards sold for a deficit in such assess- 
ment, as in the Charter provided, to any person other than the purchaser at the 
first sale, or his successor in interest, said purchaser at such first sale is to be 


deemed an owner within the meaning of the Charter. 
[§409, 1903 Charter.] 


§ 142. ASSESSMENT—WHERE PAID: 


All such assessments shall be paid to the Treasurer, who shall file duplicate 
receipts therefor with the Auditor, and the Treasurer shall keep all money collected 
upon each assessment in a separate fund, and the same shall not be used for any 


purpose other than that for which it is levied and collected, 
[$410, 1903 Charter.] 


§ 143. DELINQUENTS: 


If within thirty days from the date of the entry of an assessment in the Docket 
of City Liens, the sum assessed upon any lot or part thereof or tract of land is 
not wholly paid to the Treasurer, and a duplicate receipt filed therefor with the 
Auditor or bonded as provided by law, the Auditor shall thereafter prepare and 
transmit to the Treasurer a list in tabular form, made up from the Docket of City 
Liens, describing each assessment which is delinquent, the name of the person to 
whom assessed, and a particular description of the property, the amount of the as- 


sessment due, and other facts necessary to be given. 
[§411, 1903 Charter. ] 


§ 144. SALE FOR UNPAID ASSESSMENTS: 


The Treasurer shall thereupon proceed to collect the unpaid assessments named 
in such list by advertising and selling such lots or tracts in the manner now pro- 
vided by law for the sale of real property on execution except as herein otherwise 
provided. Each piece or tract of land shall be sold, separately, and for a sum equal 
to but not exceeding the unpaid assessment thereon and the interest and cost of ad- 
vertising and sale; and where there shall be more than one bid the land shall be 
sold to the bidder offering to take the same for the least amount of penalty and in- 
terest. Competition shall be, first, upon the penalty for the first period; second, 
upon the penalty for the succeeding periods; third, upon the rate of interest. A sale 
of real property under the provisions of the Charter conveys to the purchaser subject 
to redemption as herein provided, all estates, interests, liens or claims therein or 
thereto of any person or persons whomsoever, together with all rights and appur- 
tenances thereunto belonging. No levy upon such lots or parcels of land shall be 
required except that a notice shall be posted four weeks before said sale upon every 


lot or parcel assessed to an unknown owner. 
[§412, 1908 Charter as Amended June 8, 1907.] 


§ 145. RECEIPTS OF TREASURER: 


The Treasurer shall enter in columns provided for that purpose in the list trans- 
mitted to him by the Auditor the date of the sale, the name of the purchaser, the 
amount paid for each parcel of property sold. The Treasurer shall give a receipt 
to each person paying an assessment on said delinquent list prior to the sale thereof, 


[191] 


and such receipt must state separately the assessment, interest and costs collected, 


and a duplicate of said receipt shall be filed with the Auditor. 
[§$418, 1903 Charter.] 


§ 1446. PAYMENTS IN LAWFUL MONEY: 


Real property when sold for, or to satisfy a delinquent assessment or tax, must 
be sold for lawful money of the United States, and not otherwise; and any one ap- 
plying or seeking to redeem property so sold as in the Charter provided, must pay 


or offer to pay the sum necessary in such lawful money, and not otherwise. 
[§414, 1903 Charter.] 


§ 147. CERTIFICATE OF SALE: 


The Treasurer shall immediately after having sold any real property upon such 
list, make and deliver to the purchaser a certificate of sale of the property so sold, 
setting forth therein the object for which the sale was made, a description of the 
property sold, a statement of the amount it sold for, the improvement for which the 
assessment was made, the year in which the tax was levied, the amount of such 
tax or assessment, the name of the purchaser, and that the sale is made subject 
to redemption within three years from the date of the certificate, and then deliver 


such certificate to the purchaser. 
[§415, 1903 Charter. ] 


§ 148. TREASURER’S RETURN; UNSOLD PROPERTY: 


The Treasurer shall within three days after sale return to the Auditor the said 
delinquent list with all collections and sales noted thereon, and the Auditor shall 
thereupon make proper entries thereof in the Docket of City Liens. Thereafter no 
transfer or assignment of any certificate of purchase of real property sold under the 
provisions of the Charter shall be deemed valid unless an entry of such transfer 
or assignment shall have been noted by the Auditor in said lien docket. In case any 
property shall remain unsold upon such sale, the same may be again, at the discre- 
tion of the Auditor, offered for sale in like manner, but not sooner than three months 
after the expiration of any sale, except that in the matter of an assessment for the 
opening, widening, laying out or establishing of a street, proceedings for such sale 


may be taken immediately, 
[§416, 1903 Charter.] 


§ 149. REDEMPTION: 


The owner, or his legal representatives, or his successor in interest, or any per- 
son having a lien by judgment, decree or mortgage, or owner of a tax lien, on any 
property so sold may redeem the same upon the conditions provided as follows: 

Redemption of any real property sold for a delinquent assessment under the 
provisions of the Charter may be made by paying to the Auditor at any time 
within three years from the date of the certificate of sale the purchase price andi 
ten per cent thereof as penalty, and interest on the purchase price at the rate of ten 
per cent per annum, from the date of such certificate. Where redemption shall be 
made by the holder of a tax lien he shall have the right to have such redemption 
noted upon the record of his lien in like manner and with like effect as hereinafter 
prescribed. Provided, however, that if redemption be made within three months 
from the date of sale, the penalty to be paid shall be five per cent. Such redemption 
shall discharge the property so sold from the effect of such sale and, if made by a 
lien creditor, the amount paid for the redemption shall thereafter be deemed a part 
of his judgment, decree, mortgage or tax lien, as the case may be, and shall bear 


like interest, and may be enforced and collected as a part thereof. 
[§417, 1903 Charter.] 


(boga 


§ 150. DEED; EFFECT THEREOF: 


After the expiration of three years from the date of such certificate, if no redemp- 
tion shall have been made, the Treasurer shall execute to the purchaser, his heirs or 
assigns, a deed of conveyance, containing a description of the property sold, the 
date of the sale, a statement of the amount bid, of the improvement for which the 
assessment was made, of the year in which the assessment was levied, that the as- 
sessment or tax was unpaid at the time of sale, and that no redemption has beer 
made, and need contain no further recital of the proceedings prior to the sale. 
And the effect of such deed shall be to convey to the grantee therein named the 
legal and equitable title in fee simple to the real property in such deed described. 
And such deed shall be prima facie evidence of title in such grantee, and that all 
proceedings and acts necessary to make such deed in all respects good and valid have 
been had and done, and such prima facie evidence shall not be disputed, overcome 
or rebutted, or the effect thereof avoided, except by satisfactory proof of either— 


1. Fraud in making the assessment, or in the assessment or collection of the 
tax. 
2. Payment of the assessment or tax before sale, or redemption after sale. 
3. That payment or redemption was prevented by fraud of the purchaser, or 
4. That the property was sold for an assessment or tax for which neither said 
property nor the owner thereof, at the time of sale, was liable, and that no part 


of the assessment or tax was assassed or levied upon the property sold. 
[§418, 1903 Charter.] 


§ 151. LIMITATION OF ACTIONS THEREON; TENDER OF TAX: 


Every action, suit or proceding which may be commenced for the Tecovery of 
land which shall have been sold by the Chief of Police or by the City Treasurer of 
said City, or by the Chief of Police of the late City of Albina, Oregon, or by the 
City Marshal of the late City of East Portland, Oregon, for any assessment or tax, 
or to quiet the title of the former owner, or his successors in interest against such 
sale, or to set aside such sale, or to remove the cloud thereof, except in cases where 
the assessment or tax for which the land has been sold was paid before the sale, or 
the land redeemed as provided by law, shall be commenced within three years from 
the time of recording the deed executed by the Chief of Police or by the City Treas- 
urer or Marshal, and not thereafter. And in any such action, suit or proceeding, 
whether before or after the issuance of the deed, the party claiming to be the owner 
as against the party claiming under such sale, must tender with his first pleading 
in such case and pay into court at the time of filing such pleading the amount of 
the purchase price for which the lands were sold by the Chief of Police or City 
Treasurer or Marshal, together with the penalties prescribed by law at the time of 
such sale, and of all taxes and assessments levied or made upon or against the land, 
or any part thereof, which shall have been paid after such sale by the purchaser at 
such sale, or his heirs or assigns, together with interest thereon at the rate of ten 
per cent per annum from the respective times of the payment of such purchase price, 
taxes and assessments by said purchaser, or his heirs or assigns, as the case may 
be, up to the time of the filing of such pleading to be paid to such purchaser, his 
heirs or assigns, in case the right or title of such purchaser at such sale shall fail 


in such action, suit or proceeding. 
[§419, 1903 Charter. ] 


§ 152, NOTICES—FAILURE IN, NOT FATAL: 


No record need be kept of the mailing of any notice in this ordinance prescribed, 
and the failure to mail or a mistake in the mailing of, or a mistake in, any such no- 


tice shall not be fatal when notice is posted or published as herein required. 
[$420, 1903 Charter.] 


[ 193 ] 


153. LIABILITY OF THE CITY AND ITS OFFICERS FOR EXPENSE OF 
STREET WORK: 


Neither the City of Portland nor any officer thereof shall be liable for any! 
portion of the cost or expense of any street work or improvement, or the con- 
struction or repair of any sewer or drain, which is assessed upon the property bene- 
fited thereby, by reason of the inability of the City of Portland to collect assessments 
levied for the payment of such work, improvement, sewer or drain, but the con- 
tractors doing such work shall be required to rely solely upon the fund accruing 
from the property benefited, assessed and liable therefor; and the said contractor 
shall not require nor compel the City of Portland by any legal process or otherwise 
to pay the same out of any other fund, except in cases where for any reason such 


assessment shall be invalid. 
[§421, 1908 Charter. ] 


§154. ASSESSMENT FOR DEFICIT: 


If upon the completion of any improvement of a street or construction of a 
sewer, it is found that the sum assessed therefor is insufficent to defray the cost 
thereof and the amount charged to any lot or part thereof or tract of land is less 
than the benefits accruing thereo, the Council must ascertain the deficit and by or- 
dinance reassess the land so benefited in excess of the original assessment. When 
the assessment for said deficit is so levied the Auditor must enter the same in the 
Docket of City Liens in a column reserved for that purpose in the original entry, 
with the date thereof, and such deficit shall thereafter be a lien upon such lot or 
part thereof, or parcel of land, in like manner and with like effect as in case of the 
sum originally assessed, and shall also be payable and may be collected in like man- 


ner and with like effect as the original assessment. 
[§398, 1903 Charter.] 


§ 155. SURPLUS: 


If, upon the completion of any improvement of a street or construction of a 
sewer, it is found that the sum assessed upon any lot or part thereof, or parcel of 
land, is more than the amount properly chargeable thereto, the Council must ascer- 
tain and declare the surplus in like manner as in the case of a deficit; when so de- 
clared it must be entered as in case of a deficit in the Docket of City Liens. There- 
after the person who paid such surplus, or his legal representative, heirs or assigns, 
is entitled to repayment of the same by warrant on the City Treasury, payable out 


of the fund raised for such improvement. 
[§399, 1903 Charter.] 


' § 156. REASSESSMENT: 


Whenever an assessment for the opening, altering or grading of any street, or 
construction, reconstruction or repair of any sewer, or for any local improvement 
which has been or may hereafter be made by the City, has been or shall hereafter be 
set aside, annulled, declared or rendered void, or its enforcement refused by any 
court of this state, or any federal court, having jurisdiction therein, whether directly 
or by virtue of any decision of such court, or when the Council shall be in doubt 
as to the validity of such assessment or any part thereof, the Council may, by ordi- 
nance, make a new assessment or reassessment upon the lots, blocks or parcels 
of land which have been benefited by such improvement to the extent of their re- 
spective and proportionate shares of the full value thereof. Such reassessment. 
shall be based upon the special and peculiar benefit of such improvement, to the re- 
spective parcels of land assessed, at the time of its original making, but shall not 
exceed the amount of such original assessment. Interest thereon from the date of 
delinquency of the original assessment may be added at the discretion of the Coun- 
cil. Such reassessment shall be made in an equitable manner, as nearly as may be 
in accordance with the law in force at the time it is made. But the Council may 


[194 ] 


adopt a different plan of apportionment of benefits when in its judgment essential 
to secure an equitable assessment, The proceedings required by the Charter to be 
had prior to the making of the original assessment shall not be required to be taken 
or had within the intent of this Section. Such reassessment shall be made and 
shall become a charge upon the property upon which the same is laid, notwith- 
standing the omission, failure or neglect of any officer, body or person to comply 
with the provisions of the Charter connected with or relating to such improvement 
and assessment and notwithstanding the proceedings of the Council, or any officer, 
contractor or other person connected with such work may have been irregular or de- 
fective, whether such irregularity be jurisdictional or otherwise. Such reassessment 
shall not be made in case of a street improvement wherein a remonstrance sufficient 
in law to defeat the same shall have been filed. The Council shall by resolution 
declare the district that will be benefited by the improvement for which the reas- 
sessment is made andi shall direct the Auditor or City Engineer to prepare a pre- 
liminary assessment upon the property included therein within a time to be fixed by 
said resolution. Upon the passage of such resolution the Auditor shall, as soon there- 
after as such reassessment is prepared, give notice by ten successive publications 
in the City Official Newspaper that such assessment is on file in his office, giving 
the date of the passage of the resolution directing the making of the same and the 
time at which the Council will hear and consider objections to said assessment by 
parties aggrieved thereby, and warning such persons not to depart until such reas- 
sessment has been completed. The Auditor shall forthwith mail to the owner of each 
lot or part thereof or tract of land affected by such assessment, or to his agent, if 
the postoffice address of either be known to the Auditor, a notice of such assess- 
ment; and if such postoffice address be unknown, then such notice shall be directed 
to such owners or agent at Portland, Oregon. The owner or owners of any prop- 
erty which is assessed on such assessment, or any person having an interest therein, 
may within ten days from the last publication herein provided, file with the Auditor 
their objections in writing to such assessment. At the time appointed in such 
notice the Council shall hear and determine all objections which have been filed 
by any party interested. The Council shall have power to adjourn such hearing from 
time to time and shall have the power, in its discretion, to revise and correct, or 
to set aside and order the remaking of such assessment, and shall pass an ordinance 
approving and confirming such reassessment as corrected and remade by it, and such 
decision shall be a final determination of the regularity, validity and correctness 
of the reassessment, except as herein otherwise provided. When said reassessment 
is completed and confirmed it shall be entered in the Docket of City Liens and shall 
be enforced and collected in the same manner that other assessments for local im- 
provements are enforced and collected under the Charter and the laws governing the 
City. All sums paid upon the former assessment shall be credited to the property 
on account of which the same were paid, as of the date of such payment. And 
when it has been attempted to sell property for any assessment and such sale is 
found or declared void, upon the making of the reassessment the property shall be 
resold and the proceeds of such sale shall be paid to the jpurchaser at the former 
void sale or his assigns. But no proceedings shall be instituted for such reassess- 
ment unless within ten years of the passage of the resolution of intention for the 


making of the original work, improvement or repair. 
[§400, 1903 Charter.] 


§ 157. APPEAL THEREFROM: 


| Any person who has filed objections to such new assessment or reassessment 
which have not been satisfied by the amendments made by the Council may appeal 
to the Circuit Court of the State of Oregon for the County of Multnomah from the 
assessment against any property owned by him, or in which he has an interest. An 
appeal shall be taken by serving notice of appeal within twenty days from the pass- 
age of the ordinance adopting the assessment as amended, upon the Mayor, Auditor 
or City Attorney, and filing the same, with the proof of service, together with an 


[ 195 ] 


undertaking with one or more sureties, who shall have the qualifications of sure- 
ties on appeal from the Circuit Court to the Supreme Court, and if excepted to shall 
justify in like manner, conditioned that such appellant will pay all costs and dis- 
bursements that may be awarded against him an appeal, not exceeding five hundred 
dollars. Such bond and notice of appeal shall be filed within twenty days from the 
service of such notice in the office of the Clerk of said Circuit Court, together with a 
copy of the reassessment, so far as the same affects the property of the appellant. 
Any number of persons may join in such appeal, and the only question to be 
determined therein shall be the amount of special benefits equitably to be assessed 
against the property of each person joining in said appeal. .The jury shall view 
the property assessed, and its verdict shall be a final and conclusive determination 
of the question, On such appeal the fact that one called as a juror is a taxpayer 
of the City of Portland shall not disqualify him from acting as such juror. The City 
shall be considered the plaintiff and such appeal shall be conducted and be heard 
and determined as far as practicable in the same manner as an action at law. 
[§401, 1903 Charter.] 


§ 158. JUDGMENT; COST AND FEES: 


If the amount assessed by the jury against any appellant be not less than that 
fixed in the assessment appealed from, the judgment, in addition to declaring the 
assessment found, shall be entered against such appellant and his sureties for his 
proportion of the costs of such appeal. The same fees and costs shall be taxed and 


paid upion such appeal as are allowed in other actions. 
[§402, 19038 Charter.] 


§ 159. PROCEEDINGS UNDER PREVIOUS CURATIVE CLAUSE: 


No actions, suits or proceedings pending at the time of the enactment of the 
Charter, brought or depending upon Section 156 of “An Act to Incorporate the City 
of Portland and to Provide a Charter Therefor and to Repeal all Acts or Parts 
of Acts in Conflict Therewith,” filed in the office of the Secretary of State, October 
17, 1898, shall be in any wise affected by the repeal of said Section, or its omission 
from the Charter, but said Section shall be deemed still in effect as to such actions, 


suits or proceedings so pending until the final determination thereof. 
[§408, 1908 Charter. ] 


§ 160. PROCEEDINGS PRESUMED REGULAR: 


In any action, suit or proceeding in any court concerning any assessment of 
property or levy of taxes authorized by the Charter, or the collection of such tax or 
proceeding consequent thereon, such assessment, levy, consequent proceeding, and all 
proceedings connected therewith shall be presumed to be regular and to have been 


duly done or taken until the contrary is shown. 
[§404, 1903 Charter.] 


§ 161. BONDED ASSESSMENTS ON TRACTS OF LAND; SUBDIVISION OF 
ASSESSMENTS: 


In case a tract or parcel of land is bonded for any public improvement, the 
Council is authorized upon a written application when such tract is afterwards sub- 
divided to apportion the lien of indebtedness standing against the whole tract, upon 
the different lots and is authorized to release a lot or lots upon the payment or 


rebonding from all liens except the amount thus apportioned against such lot or lots. 
[§3838B, 1903 Charter.] 


[ 196 ] 


Miscellaneous. 


ARTICLE 1. PUBLIC IMPROVEMENTS. 
§ 162. COUNCIL TO HAVE CHARGE OF PUBLIC IMPROVEMENTS. 


§ 162. COUNCIL TO HAVE CHARGE OF PUBLIC IMPROVEMENTS: 


The Council shall have the exclusive management of the construction, recon- 
struction, maintenance and removal of all public and local improvements, including 
the grading, paving, curbing, or otherwise improving the streets, alleys, parks, 
boulevards and other public places of the City; all public, district and private sew- 
ers; of all sidewalks, crosswalks, bridges, elevated roadways, railways, viaducts, 
tunnels and other like structures; of all buildings to be constructed for or belonging 
to the City and the grounds surrounding the same; all excavations of streets, alleys 
or other public places; the erection of poles and stringing of wires, whether done 


by the city, corporations or individuals, 
[§202, 1903 Charter.] 


ARTICLE 2. REPAIR OF STREETS. 
§ 168. COUNCIL TO CAUSE STREETS TO BE REPAIRED. 


§ 163. COUNCIL TO CAUSE STREETS TO BE REPAIRED: 


The Council shall have power and authority to make all ordinary repairs to 


streets and elevated roadways and bridges which may be considered advisable. 
[§204, 1903 Charter.] 


ARTICLE 3. FRANCHISES. 


§ 164. COUNCIL TO REGULATE FRANCHISE IN STREETS, AND OPER- 
ATIONS THEREON. 


§ 164. COUNCIL TO REGULATE FRANCHISE IN STREETS, AND OPERA- 
TIONS THEREON: 


Whenever the Council shall by ordinance authorize or has heretofore authorized 
the erection, maintenance and removal of poles, wires and cables for telephones, 
telegraphs, electric lights, electric railways, electric motors or any other purpose, 
or the laying down of tracks and turntables for street cars and other railways or 
the laying and use of underground conduits or subways for the same, in, under, upon 
or over the streets, alleys or public parks and public grounds of said City, or in, 
under, over and upon any lands owned by or under control of said City, whether 
they be inside the limits of said City or not, the Council shall have the power and 
authority to regulate the manner of carrying out the provisions of any such or- 
dinance, and may pursuant to ordinance require all wires and cables to be laid in 
such conduits or subways; and may pursuant to ordinance regulate the kind, manner 
and character of the rails to be used by the street railway companies and other rail- 
way companies within the limits of the city; and may require all companies building 
and operating such roads to conform to the street grades in all streets wherein the 
same are operated; and may fix and regulate, pursuant to the ordinances of the 
city, the opening of street surfaces and the places and manner of laying down and 
taking up all motor, gas, steam, sewer, and other pipes placed in the streets and 


other public places in said city. 
[§203, 1903 Charter.] 


[To] 


THE CHARTER OF THE CITY OF PORTLAND, OREGON 
ALPHABETICAL INDEX 


ABANDONMENT, of franchise, 175, 182. 
ACCEPTANCE, of franchise, 175. 
ACCOUNTS, audit of, 195. 

selection of accountant, 195. 

publication of, 195. 

Auditor to keep, 66, 69. 

Mayor may investigate, 61. 
ACCOUNTANT, selection of, 195. 
ACCOUNTING, officer. See Auditor. 

system of, 58, 185. 
ACKNOWLEDGEMENT, Auditor may take 68. 
ACTIONS, existing continued, 5. 

may be brought how and when, 5. 

for damages, how brought, 282. 


ADMINISTRATIVE CODE, Council to enact, 58. 
ADMINISTRATIVE POWERS, distribution of, 54. 
ADVERTISING, bids of Dock Commission, 1638, subd. f. 
invitation for bids, 150. 
Council may regulate, 34, subd. 39, 40. 
official, Council to contract for, 144. 
property leased, 34 subd. 10. 
property sold at auction, 34, subd. 9. 
reletting of contract, 145. 
terms successive and consecutive defined, 147. 
where made, 146. 
ALLEYS. See Streets. 
ANIMALS, cruelty to, Council may prevent, 34, subd. 57. 
impounding of, 34, subd. 43. 
running at large, 34, subd. 48. 
ANNEXATION OF TERRITORY, Auditor to furnish plat, 12. 
balloting upon, 12. 
Council to amend boundaries, 14. 
Council to decide upon submission, 11. 
effect on county roads, 13. 
effect on property rights, 18. 
election for, 12. 
liability for public improvements, 15. 
manner of submission, 12. 
Petition for, requirements, 11. 
power of city, 10. 
- when effective, 13. 
ANNUAL BUDGET, estimate for 185, 186, 187. 
Council to make, 187. 
Mayor to prepare, 188. 
Mayor to submit, 59. 
publication of, 187. 
ANNUAL REPORT, Auditor, 66. 
Civil Service Board, 111. 
Dock Commission, 163, subd. k. 
Mayor, 59. 
APPOINTIVE OFFICERS. See Officers. 


[ 198 ] 


PORTLAND CITY CHARTER INDEX. 


APPOINTMENTS, how made, 93. 


APPROPRIATION, expense of registration, 134. 
must be for specific purpose, 193. 
precede issue of warrants, 193. 


ASSESSMENTS, benefits for elimination of railroad grade crossings, 272. 
bonded, reapportionment when property divided, 279. 
bonding: of, 

extension of streets, 326. 
sewer construction, 278. 
street improvements, 278. 
cost of improvements, 152. 
deficit, street extensions, 330. 
elimination of railroad grade crossings, bonding of, 273. 
funds, how expended, 193. 
proceedings pending not affected by charter amendments, 277. 
rebonding of, 27814. 
segregation of, street extensions, 332. 
special, see Improvement Code, 284. 
street extensions, 321—335. 

ASSESSMENT COLLECTION BONDS. See Bonds 

ASSESSMENT COLLECTION FUND. 284a. 

AUCTION, city property to be sold at, 34, subd. 9. 

AUDIT OF ACCOUNTS, Council to provide for, 195. 
Dock Commission books, 163, subd. m. 
selection of accountant, 195. 

AUDITOR, acknowledgment, may take, 68. 
administer oaths, 68. 
annxation of territory, furnish plat, 12. 
annual report, 66. 
annual report of public utilities, 157. 
audit all accounts, 69. 
authority limited, 71, 72. 
bond of, 65. 
clerk of Council, 77. 

Civil Service Board, act as secrtary, 99. 
demands, allowance of, 73, 74. 
approved by, 73. 
record of, 69, 70. 
deputies and clerks, 67. 
powers of, 67. 
salaries of, 67. 
Dock Commission, may audit books, 163, subd. m. 
drawing of warrants, 75. 
duties, 65. 
election of, 21, 123. 
election ballots, preparation of, 129, 131. 
canvas of returns, 138. 
certificate of, 140. 
file list of candidates, 125. 
notice, publication of, 125, 135. 
returns to, 182, subd. a. 
statement of returns filed with, 139, 
franchises, record of 180. 
inventory, annual, 66 
licenses, issuance of, 76. 


[ 199 ] 


PORTLAND CITY CHARTER INDEX. 


AUDITOR, continued. 

nomination petition, preservation of, 124, subd. h. 

nomination certificates, 124, subd. a-g. 

ordinances, Dock Commission records of, 163, subd. g. 
attestation of, 51. 

ownership books, kept by, 79. 

payment to negligent official, 72. 

payment to persons indebted to City, 72. 

qualifications, 64. 

records, certified copies of, 78. 

report on franchises, 66. 

report on permits, 66. 

revenue from public utilities, 160. 

salary, 65. 

term of, 21, 64. 

time of assuming office, 1238. 

vacancy, how filled, 64. 

warrants, register of, 74. 


AUDITORIUM. See Public Auditorium. 
AVENUES. See Streets. 
AYE AND NAY VOTE, of Council, whn taken, 39, 44. 
BACK TAXES, annulment, 194. 
BALLOTS. See Election. 
BANNERS, across streets, Council to regulate, 34, subd. 41. 
BARBED WIRE FENCES, Council may prevent, 34, subd. 65. 
BAWDY HOUSES, Council may suppress, 34, subd. 49. 
BEGGING, prohibited on streets, 34, subd. 58. 
BELLS, Council may regulate ringing, 34, subd. 39. 
BEQUESTS. See also Gifts. 
Council may accept, 34, subd. 5. 
BIDDER, city contract, officers and employes not to assist, 95. 
BIDS, right of Council to reject, 158. 
BILLBOARDS, Council may regulate, 34, subd. 40. 
BOARDS, abolishment of existing, 17. 
Council may create, 17. 
Council may investigate, 32. 
power of, exercised by Council, 16. 
seal of, 34, subd. 16. 
BOILER INSPECTOR, office of, 34, subd. 28. 
BONDED INDEBTEDNESS, City not to increase, 34, subd. 24. 
limitation, 160. 
refunding, 229. 
BONDED INDEBTEDNESS INTEREST FUND, tax levy, 190. 
BONDING ASSESSMENTS. See also Improvement Code, 284. 
elimination of railroad grade crossings, 273. 
reapportionment where property is divided, 279. 
sewer construction, 278. 
street extensions, 326. 
street improvements, 278. 
BONDS, indemnity additional surety 86. 
Auditor, 65. 
city to secure employes’ wages under, 34, subd. 14. 
contractors, conditions, sureties, 149. 
laborers, etc., right of action on, 149. 
subordinates may be required to furnish, 90. | 


[ 200 ] 


PORTLAND CITY CHARTER INDEX. 


BONDS, INDEMNITY, continued. 
Treasurer, 88. 
municipal, authority to issue, 228, 277. 
assessment collection, 284a. 
Bridge Access, 236%. 
Bridge Access, Series No. 2, 339. 
Broadway Bridge, 236. 
construction of sewers beneficial to property both within and without 
the City of Portland, 275b. 
Council may regulate, 34, subd. 39. 
crematory, 165, 238. 
Docks, 163, subd. 1. 
disbursement of proceeds, 163, subd. m. 
sinking fund, 163, subd. 1. 
validated, 228. 
exempt from taxation, 229. 
Fire Boat and Fire Stations, and General Fire Bureau Equipment, 340. 
fire boat and mains, 287. 
Fire Department construction, 237a. 
garbage collection, 228, 252. 
Grain elevator 292. 
Hawthorne Avenue Bridge 231, 2382. 
Harbor Development, 164%. 
improvement, not included in limitation, 278. 
improvement, transfer of funds for redemption of, 293. 
incinerating plant, 165. 
Jail, 249, 250. 
limitation on issue, 34, subd. 24. 
not included in indebtedness, 160. 
park and boulevard, 230. 
Playground, 230b. 
Public Auditorium, 228. 
sale of, sinking fund, 245. 
public utilities, 152. 
purchase by sinking funds, 192. 
rebonding of assessments, 278% 
Reconstruction, 230a. 
Refund Water, 228%. 
refunding, 229. 
sale to highest bidder, 227. 
street extnsion, 326. 
street improvemnts and sewers, 278. 
validating previous issues, 228. 
Water, 228, 228%. 


official, 23. 
action on, 23. 
additional may be required, 86. 
approval by Council, 28. 
conditions of, 87. 
failure to file, 29. 
filed with Auditor, 23. 
liability on, 89. 
premium, how paid, 23. 
sureties, 23. 
Council may require additional 23. 


[ 201 ] 


PORTLAND CITY CHARTER INDEX. 


BONDS, OFFICIAL, continued. 
city officers not accepted as, 87. 
individuals allowed, 88. 
justification, 87. 
requirements, 88. 
Treasurer, sureties, 88. 


BOOKS, Council may compel production, 32. 
BOOKS AND RECORDS. See Records. 
BOULEVARDS. See also Streets. 

Council may designate street as, 34, subd. 67. 
BOUNDARIES, amendment of, 14. 

description of, 9. 
BRIBERY, penalty for, 117. 
BRIDGE ACCESS BONDS. See Bonds. 
BRIDGE ACCESS BONDS, Series No. 2. See Bonds. 
BRIDGES, Broadway, bond, 236. 

charge for cars, 184. 

county to operate, 184. 

franchises on, 184. 

Hawthorne Avenue, 231. 

regulation of cars over, 184. 

right of city inalienable, 7. 


BUDGET. See also Annual Budget. 
annual, 185-187. 
Council to act on, 188. 
Mayor to prepare, 188. 
publication of, 187. 


BUILDINGS, city may lease, 2, 8. 

city may sell, 2, 8. 

construction of, regulation, 34, subd. 32. 

extended into street, 34, subd. 65. 

inspection of, 34, subd. 18. 

public, city has control of, 2. 

lighting of, 34, subd. 13. 

unsafe, removal of, 34, subd. 32, 33. 

within fire limits, regulation of, 34, subd. 34. 
CALENDAR, of Council, 38. 
CANDIDATES, list of, Auditor to file, 125. 

list of, ballot to contain, 129. 
CELLARS, regulation of, 34, subd. 30. 
CERTIFICATE OF ELECTION, Auditor to prepare, 140. 
CERTIFIED COPIES, Auditor to make, 78. . 

fees for, 78, 92. 
CESSPOOLS, must connect with sewer, 34, subd. 29. 
CHARTER, amendments, on ballots, 130. ~~ ) 

of 1903, how dsignated, 1. 

as amended, how designated, 1. 

effective, when, 288. | 

emergency clause, 286. 

franchises subject to, 177. 

provisions retained as ordinances, 283, 284. 

repeal of 1898, 285. 

revision of, 287. 

specific powers granted Council by 1903, 34. 


CHIEF OF POLICE. See Police Bureau. 
[ 202 ] 


PORTLAND CITY CHARTER INDEZ. 


CHILDREN, cruelty to, 34, subd. 57. 
CHURCHES, Council may regulate, 34, subd. 31. 
CIGARETTES, sale of, regulation, 34, subd. 49. 
CITIZENS, preference given in employment, 122. 
CITY ATTORNEY, act for Dock Commission, 163, subd. c. 
advise Board of Trustees Firemen’s Pension Fund, 223. 
advise Board of Trustees of Policemen’s Relief and Pension Fund, 317. 
appointive, 80. 
deputies of, 81. 
not subject to Civil Service, 97. 
number and salaries, 81. 
qualification, 81. 
subject to direction of Mayor, 60. 


CITY BOUNDARIES. See Boundaries, 9, 14. 
CITY CONTRACTS. See Contracts. 
CITY EMPLOYES. See also Employes. 
_ Council may investigate, 32. 
CITY ENGINEER, appointive, 80. 
not subject to Civil Service, 97. 
pass upon franchises, 183. 
plan elimination of railroad grade crossings, 267, 
prepare plans for transportation terminal, 183. 
CITY FUNDS. See also Funds, 191, 192, 193. 
to be paid into treasury, 94. 


CITY GOVERNMENT, departments of, 54. 

CITY HALL, office hours, 34, subd. 19. 

CITY OFFICIAL NEWSPAPER, Council to select, 144. 
advertising in, 146. 
reletting of contract, 145. 

CITY TREASURER. See also Treasurer. 
chief deputy, not subject to Civil Service, 97. 


CIVIL SERVICE, appointments, 100-104. 
Board to be notified of, 104. 
how made, 97. 
persons serving, six years, 106. 
restriction on, 106. 
temporary, 105. 
when permanent, 104. 

Board, access to public records, 113. 
appointment, qualifications, 98. 
annual report, 111. 
certify employes to Auditor, 113. 
certify eligible list, 104. 
continued, 17. 
control examinations, 102. 

Council to provide office, 112. 
designate examiners, 102. 

eligible list, rules governing, 103. 
evidence, compel production of, 114. 
expense, Council to pay, 112. 

file examination papers, 101. 

furnish list of public accountants, 195. 
investigation of removals, 108, 114. 
keep roster of employes, 113. 

make and publish rules, 101. 


[ 203 ] 


PORTLAND CITY CHARTER INDEX. 


CIVIL SERVICE, continued. 
make classifications, 100. 
may examine records, 114. 
reports, annual, 111. 
secretary, administer oaths, 114. 
appointment, duties, 99. 
Auditor may act as, salary of, 99. 
subpoena witnesses, 114. 
classifications, 106. . 
Board to make, 100. 
citizens given preference, 122. 
Commissioners, appointment, qualifications, 98. 
misdemeanor, what constitutes, 115. 
compensation, 98. 
vacancies, how filled, 98. 
consulting employes exempted, 83. 
Dock employes, subject to, 168, subd. j. 
eligible list, Board to keep, 108. 
employes, bribery, 117. 
discharge, investigation, 108, 222. 
discharge, order of, 109. 
entitled to certification, 113. 
political contribution, 116, 119. 
present incumbents, 110. 
probationer, discharge of, 104. 
Public Auditorium, 248. 
public, defined, 117. 
reappointment, 109. 
recommendation, 118. | 
reduction for political reasons, 119. 
reduction in force, 109. 
religion, 118. 
removal, investigation, 108. 
roster of, 1138. 
serving six years, 104, 106. 
suspensioon of, 109. 
transfer of, 106. 
using intoxicating liquors, 106. 
examinations, Board to control, 102. 
fraud or misrepresentation, 115. 
notice of, how held, 102. 
papers on file, 101. 
promotions, weight of record, 107. 
public, competitive, 102. 
recommendations, 118. 
who eligible, 102. 


examiners, designated by Board, 102. 
misdemeanor, what constitutes, 115. 
no compensation, 102. 

firemen, discharge of, 222. 

investigations, 114. 
false swearing, perjury, 114. 
extent of, 108. 

policemen, discharged, 316. 

probation period, 104. 


[ 204 ] 


PORTLAND CITY CHARTER INDEX. 


CIVIL SERVICE, continued. 
promotions, 100, 101. 
how made, 97. 
rules for, 107. 
weight of efficiency record on examination, 107. 
provisions, refusal to comply with, 120. 
violation of, a misdemeanor of, 120. 
violation, Circuit Court Jurisdiction of, 121. 
violations of, penalty, 121. 
reappointments, order of, 109. 
recommendations relating to religion, 118. 
removals, investigation, 108. 
residents given preference, 122. 
roster of employes, 113. 
rules, Board to make and publish, 101. 
for promotions, 107. 
governing eligible list, 103. 
to whom applied, exceptions, 97. 
secretary, not subject to Civil Service, 97. 
suspensions, 109. 
temporary appointments, 105. 
vacancies, how filled, 104, 107. 


CLAIMS. See Demands, 69-75, 193. 
damages, action on, 282. 


CLEANLINESS, city to provide for, 34, subd. 25. 
CLERKS. See Employes. 

CLERK OF COUNCIL, 77. 

CODIFICATION OF ORDINANCES, 287. 
COMMERCIAL RAILROADS. See Railroads. 


COMMISSIONS, abolishment of existing, 17. 
Council may create, 17. 
powers of exercised by Council, 16. 


COMMISSIONERS. See also Officers. 
action on bond, 23. 
appoint and remove subordinates, 82. 
assignment to departments, 55. 
bond, 28. 
contracts, interest in prohibited, 24, 25. 
control of department, 56. 
election of, 21, 123. 
election, tie in, Council to determine, 141. 
entire time to city business, 26. 
estimate expenses, 186. 
interest in public service corporations prohibited, 24. 
may object to ordinances, 52. 
not subject to suspension, 62. 
oath of, 27. 
other business prohibited, 26. 
pay to cease when, 29. 
qualifications, 22. 
salary, 28. 
subject to power reserved in people, 20. 
term of, 21. 
vacancy in office, 22, 24, 29, 30. 


[ 205 J 


PORTLAND CITY CHARTER INDEX. 


COMMON TRANSPORTATION TERMINAL, plans for, 183. 
relation to franchises, 183. 


COMMON USER, franchise, 177, subd. e. 
railroad tracks, 169. 


COMPETITIVE BIDDING, improvement and supplies, 150, 295. 
CONCEALED WEAPONS, carrying of, 34, subd. 56. 
CONSECUTIVE, defined, 147. 
CONSULTING EMPLOYES, see employes. 
CONTESTED ELECTIONS. See Elections. 
CONTRACTS, authorized by Council, 148. 
Council may provide for entering into, 34, subd. 4. 
Dock Commission, letting of, 163, subd. f. 
elimination of railroad grade crossings, 272. 
existing liability validated, 6. 
5% preferential, local concerns, 295. 
in writing when, 148. 
legal proceedings to enforce, 5. 
limit of duration, 34, subd. 4. 
lowest responsible bidder, 150, 295. 
Mayor and Commissioners not to be interested in, 24. 
Officers and employes not to be interested in, 25, 91, 95. 
official advertising, reletting of, 144, 145. 
over $250.00 to be in writing, 148. 
Public Auditorium, 241. 
street lighting, 34, subd. 13. 
violations, report of, 63. 


CONTRACTORS, bond, laborer’s right of action on, 149. 
sureties on, 149. 
city to secure wages of employes of, 34, subd. 14. 


CORPORATE NAME, of city, 2. 
CORPORATE POWERS, continuation of, 2. 
COUNCIL, action on budget, 188. 
acts not invalidated by participation of deposed member, 29. 
appropriate land for sewer and water mains, 34, subd. 11. 
aye and nay vote, when taken, 39. 
calendar of, 38. 
clerk of, 77. 
election of president, 37. 
emergency fund, 31; 34, subd. 22. 
enact administrative code, 58. 
enumeration of power not a limitation, 36. 
estimate value of franchise, 174. 
exercise power of former boards, 16. 
files of, 77. 
general grant of power, 18, 20. 
investigate public utilities, 156. 
issue public utilities certificates, 155. 
journal of, 42, 77. 
judge of election of members, 141. 
jurisdiction over the Willamette River, 34, subd. 75, 78. 
jurisdiction relating to transportation terminals, 183. 
limit expenditures, 193. 
may change block designations, 34, subd. 68. 
may create boards and commissions, 17. 
may create office of building inspector, 34, subd. 34. 


[ 206 ] 


PORTLAND CITY CHARTER INDEX. 


COUNCIL, continued. 
meetings. of, 37. 
when held, public, 42. 
members, may punish, 41. 
may compel attendance of, 41. 
personal liability, 193. 
privilege in debate, 40. 
police power, 34, subd. 1. 
power, specific grant of, 34. 
of eminent domain, 34, subd. 11. 
of enacting franchises, 176. 
subject to initiative and referendum, 20. 
to abolish boards and commissions, 17. 
to purchase or condemn property, 34, subd. 6. 
prescribe duties of officers and employs, 57. 
presiding officer of, 37. 
president of, to sign ordinances, 51. 
quorum of, 43. 
record of, 77. 
right to reject bids, 150. 
rules of procedure, 41. 
tax levy, 180, 190. 
tax levy for docks, 163, subd. k. 
transaction of business, 44. 
transfer funds, 191, 192. 
vacancies in office of Mayor and Commissioners, 30. 
voting, manner of, 44. 
what constitutes, 20. 


COUNCILMEN. See Commissioners. 
COUNTY ROADS, effect of annexation, 13. 
relinquished as streets, 276. 

within the city, 276. 


CREMATORY, bonds, 165, 238. 
management of, 238. 


CRIPPLES, exhibition of, 34, subd. 58. 
CRUELTY TO CHILDREN AND ANIMALS, Council may prevent, 34. subd. 57. 
DAMAGES, action to recover, 282. 
DAY WORK, employes of city, 122. 
DEBATE, members of Council privileged in, 40. 
DEBTS, Council to pay, 34, subd. 20. 
limit of, 160, 228. 
DEFALCATION, city officer, suspension for, 62. 
DEFECTIVE STREETS AND SIDEWALKS, city not liable, 281. 
DELINQUENT TAXES, property purchased for, 34, subd. 8. 
DEMANDS, allowance of, 73, 74. 
approval, limited, 71-73. 
how paid, 75. 
interest on fixed charges, payment of, 193. 
no preference given, 74. 
record, Auditor to keep, 69, 70. 
persons indebted to city, 72. 
DEPARTMENTS, of city, 54. 
account of record, 58. 
assignment of Commissioners, 55. 
cost data, 58. 


[ 207 ] 


PORTLAND CITY CHARTER INDEX. 


DEPARTMENTS, of city, continued. 
Council may investigate, 32. 
efficiency record, 58. 
employes, bonds, 90. 
expenditures, comparison of, 58. 
time reports, 58. 


DEPOT, streets near not to be vacated, 7. 
DETENTION HOME, Council may establish, 35. 
DISEASE, contagious, city to prevent, 34, subd. 25. 
DOCKS, charges for use of, 163, subd. h. 

Commission may build, 168, subd. i. 

Department of, 17, 161. 

jurdiction over, 34, subd. 77, 78. 

right of city inalienable, 7. 

streets occupied for improvement of, 8. 

vacation of streets for, 163, subd. 1. 

Dock Act, of 1907 repealed, 164. - 

no effect on Port of Portland, 163, subd. e. 


DOCK BONDS. See also Bonds. 
disbursements, sinking fund, 1638, subd. 1, m. 


DOCK COMMISSION, appointment of, 162. 
audit of books, 1638, subd. m. 
City Attorney to act to act for, 163, subd. c. 
contracts, 163, subd. f. 
control of harbor, 163, subd. e. 
control over streets, 163, subd. e. 
control water front property, 163, subd. d, e. 
municipal grain elevator, 292. 
officers and employments, 1638, subd. j. 
ordinances, record of, 168, subd. g. 
organization of, 162. 
pass upon franchises, 183. 
permits for water front structures, 163, subd. g. 
plans of, 163, subd. a, b. 
powers and duties of, 163. 
power over streets, 163, subd. i. 
- prepare plans for transportation terminal, 183. 
property of, 168, subd. c. 
purchase of supplies, 163. 
rates, power to fix, 163, subd. h. 
regulations, 163, subd. g. 
right of eminent domain, 163, subd. c. 
serve without compensation, 162. 
tax levy, 1638, subd. k. 
vacancies, 162. 
DOCKAGE CHARGES, Dock Commission may fix, 168, subd. h. 
DOGS, Council may regulate keeping of, 34, subd. 44. 
impounding of, 34, subd. 44. 
EFFICIENCY RECORD. See also Record. 
each department to keep, 58. 
ELECTION, annexation of territory, 12. 
ballots, boxes, when opened, 132, subd. a. 
candidates’ statements on, 1380. 
. counting of, 1382, subd. a. 
defacing or tearing, 129. 


[ 208 ] 


PORTLAND CITY CHARTER INDEX. 


errors on, 129. 
form, 129, 130. 
how counted, 132, subd. d. 
marks on, 129. 
sample, 131. 
posting at polls, 131. 
publication of, 181. 
space for measures on, 130. 
special, 129. 
wrongly marking, 129. 
candidates, list of, 125. 
majority vote elects, 132, subd. d, f. 
statement on ballot, 130. 
tie of vote, 132, subd. g. 
certificate of, 140. 
primary evidence, 141. 
Commissioners, tie, Council to decide, 141. 
contested, how determined, 142. 
date of, 134. 
general municipal, 123. 
informalities, 126. 
judges and clerks, how chosen, 136. 
not subject to Civil Service, 97. 
remonstrances, objections, 136. 
majority, meaning of, 132, subd. h. 
majority vote elects, 132, subd. d, f. 
nominations, acceptance, 124, subd. e. 
Auditor to supply forms, 124, subd. g. 
certificates, form of, 124, subd. b. 
of officers, 124. 
petitions, amendment, 124, subd. d. 
certificates for, 124, subd. a. 
filing of, 124, subd. c. 
preservation of, 124, subd. h. 
notice, publication of, 125, 135. 
posting’ of, 125. 
officers, 123. 
duties of, 127. 
notice, 125. 
precinct register, 128. 
preferential voting, how counted, 132, subd. b, f. 
system of, 129. 
qualification of voters, 127. 
registration, books, time kept open, 128. 
expense of, how paid, 133. 
of voters, 127, 128. 
returns, canvass of, 127, 132, 1388, 139, subd. a. 
state laws, applicable, 127, 128. 
tally sheet, 132, subd. ec. 
tie of vote, 132, subd. g. 
time of assuming office, 123. 
validity not affected by irregularities, 124, subd. f. 
votes, how counted, 132, subd. b, f. 
majority elects, 132, subd. d, e, f. 
meaning of majority, 132, subd. h. 
voters, qualifications, 127, 137. 


{ 209 ] 


PORTLAND CITY CHARTER INDEX. 


ELECTIVE OFFICERS. See Officers. 
ELECTORS, registration, 127, 128. 
EMERGENCY CLAUSE, charter 1903, 286. 
EMERGENCY FUND, 31, 34, subd. 22. 
EMERGENCY ORDINANCES. See Ordinances. 
EMINENT DOMAIN, city has right of 2, 34, subd. 11. 

Dock Commission has right, of, 163, subd. c. 

public utilities, 151. 

right outside city limits, 3. 
EMPLOYES. See also Civil Service. 

aid Civil Service investigations, 114. 

appointment, of 93 

bonds, 90. 

bribery, when guilty, 117. 

Bureaus of Fire and Police, salary increases, 190-1b. 

city contracts, interest in, 91. 

not to aid in securing, 95. 

city property, lease or purchase, 91. 

Civil Service. See Civil Service. 

consulting, 83. 

Department of Public Docks, 163, subd. j. 

disposition of city money, 94. 

duties of, 57. 

eight-hour day, 122. 

false reports, 95. 

firemen, discharge of 222. 

franchise, interest in, 91. 

hold over, 143. 

Mayor may investigate, 61. 

policemen, discharge of, 316. 

political contributions, 119. 

public, defined, 117. 

public service corporations, interest in, 91. 

reinstatement of, 110%. 

report violations of contracts, 63. 

salary, full compensation, 94. 

serve one or more departments, 57. 

time required of, 96. 

transfer of, 58. 

two platoon system, Bureau of Fire, 122a. 
ENACTING CLAUSE, of ordinances, 46. 
ESTIMATE, for taxation, 188. 

of expenses, 186, 188. 
EVIDENCE, compel production of 32, 199. 
EXCLUSIVE FRANCHISE, no power to grant, 171. 
EXECUTION, Council may purchase property under, 34, subd. 7. 
EXECUTIVE BOARD, abolished, 17. 

power of vested in Council, 16. 
EXECUTIVE POWER, distribution of, 54. 
EXISTING EMPLOYES, entitled to appointment, 104. 
EXISTING ORDINANCES. See Ordinances. 
EXPENDITURES, Council may limit, 193. 

Firemen’s Pension Board, 198. 

Policemen’s Pension Board, 298. 

publication of, 58. 

statement of, 66. 


[ 210 ] 


PORTLAND CITY CHARTER INDEX. 


EXPENSES, annual budget of, 188. 
Civil Service Board, 112. 
estimate of, 186. 


EXPERTS, Council may appoint, 83. 
EXPLOSIVES, Council may regulate, 34, subd. 36, 37. 
EXTENSION OF STREETS. See Streets. 
FALSE REPORTS, officers and employes, 95. 
FENCES, barbed wire prohibited, 34, subd. 65. 
FENDERS, Council may require, 34, subd. 46. 
FERRIES, county to operate, 184. 

FEES, certified copies of records, 78, 92. 
establishing grades, 34, subd. 18. 
officers, 34, subd. 17. 
surveying, 34, subd. 18. 


FIGHTING, Council may punish, 34, subd. 52. 
FILLS, tax levy for, 190. 
FINANCE, annual budget, 186. 
Coommissioner of, 185. 
expenditure of money, 193. 
Firemen’s Pension Fund, 198. 
fiscal year, 189. 
investment of sinking fund, 192. 
liabilities in excess of revenue void, 193. 
Policemen’s Pnsion Board, 298. 
semi-annual statement, 58. 
tax levy, 188, 190. 
transfer of funds, 191, 192. 


FINANCIAL AFFAIRS, audit of, 195. 
audit to be published, 195. 
statement of, 185. 
FINANCIAL CONDITION, publication of, 58. 
FINE, Council power to levy, 34 subd. 3. 
for destruction of property, 34, subd. 47. 
limit of, 34, subd. 3, 35. 


FIRE, Council may take means to prevent, 34, subd. 36, 37. 
Council to provide for protection against, 34, subd. 35. 
FIREARMS, Council may regulate, 34, subd. 38. 
FIRE BOAT AND FIRE STATIONS AND GENERAL FIRE BUREAU EQUIPMENT 
BONDS. See Bonds. 
FIRE BOAT BONDS, 237. 
FIRE DEPARTMENT CONSTRUCTION BONDS. See Bonds. 
FIRE ESCAPES, Council may require, 34, subd. 35. 
FIRE LIMITS, Council may define, 34, subd. 34. 
FIRE MAIN BONDS, 237. 
FIREMEN, discharge of, 222. 
Pension Fund, 197. 
FIRE STOPS, construction of, 294. 
FIREWORKS, Council may regulate, 34, subd. 38. 
FIREMEN’S RELIEF AND PENSION FUND, accounts open for inspection, 219. 
act part of charter, 226. 
appeals, 200. 
back pensions, 218. 
beneficiariess, who are, 196, 215. 
board of trustees, 198. 
City Attorney to advise, 223. 


[ 211 ] 


PORTLAND CITY CHARTER INDEX. 


POLICEMEN’S RELIEF AND PENSION FUND, Continued. 
organization, 198. 
powers of, 199, 214. 
report to Council, 198. 
rules and regulations, 199. | 
creation of, 196. 
discharge of firemen, 222. 
division of fire and police fund, 220. 
emergency duty by pensioner, 214. 
funeral expenses, 212. 
how disbursed, 201. 
investment of, 199. 
pensions, applications, 213. 
certificate of, 216. 
exempt from execution, 221. 
forfeiture, 217. 
payable monthly, 205. 
permanent disability, 207. 
prorated when fund insufficient, 218. 
retirement, 206. 
sickness, 209. 
temporary disability, 208. 
temporary firemen, 211. 
widows and children, 210. 
percentage of salariess deducted, 204. 
powers of Council, 225. 
repealing clause, 224. 
source of, 197. 
tax levy for, 190. 
tax levy, limitation, 203. 
Treasurer, 201. 


FISCAL YEAR, 189. 
FOOD, council may regulate sale of, 34, subd. 73. 


FRANCHISE, abandonment, 175, 182. 
abandonment no release, 182. 
acceptance, 175. 
assignment of, 178, 179. 

Auditor to report on, 66. 

city may acquire, 151. 

common user, 169, 177, subd. e. 
compensation, 177, subd. d, e. 
conditions of, 174, 176, 177. 

Council eistimate value, 174. 

deemed to be property, 166. 

exclusive prohibited, 171. 

forfeiture of, 181, 182. 

forfeiture for failure to comply with charter, 158. 
forfeiture, removal, restoration, 182. 
granted by Council, 159. 

holders file statement, 179. 

holders to improve streets, 177, subd. f. 
how granted, 172. 

industrial tracks, 167. 

lease of, 178, 179. 

Mayor may sue to annul, 60. 


[ 212 ] 


PORTLAND CITY CHARTER INDEX. 


FRANCHISE, Continued. 

mortgage of, 179. 
not used, forfeited, 181. 
objections to granting, 172. 
officers and employes not to be interested in, 91. 
on Broadway Bridge, 236. 
ordinance, effective when, 173. 

method of enacting, 172. 

subject to referendum, 173. 
over bridges, 184. 
property of grantee, city may take over, 177, subd. a. 
publication of, 172. 
rates, charges, etc., 174. 
record of, public, 180. 
record of, what to show, 180. 
regulation of rates, 174. 
relation to common transportation terminal, 183. 
reports, failure to make penalty, 157. 
reports, form of, 157. 
rights on Hawthorne Avenue Bridge, 235. 
subject to charter, 177. 
subject to charter provisions, 159. 
subject to initiative and referendum, 159. 
submitted to City Engineer, 183. 
submitted to the Dock Commission, 183. 
taxation of, 166. 
taxing power of city, 177, subd. d. 
time limit, 170. 
transfer of, 178, 179. 
transfer of, consent of city, 179. 
what to contain, 174. 


FREE EMPLOYMENT BUREAU, Council may establish, 34, subd. 7314. 
FUNDS, assessment, expenditure of, 193. 

reversion to general fund, 192. 

transfer of, 191, 192. 


GAMBLING, Council may prevent, 34, subd. 49. 
GARBAGE COLLECTION BONDS, See Bonds. 
GARBAGE. See also crematory, rate, 165. 
GARBAGE COLLECTION. See Municipal Garbage Collection. 
Council to provide rate, 238. 
GARBAGE CREMATORY. See Crematory. 
GAS MAINS, Council may compel service mains, 34, subd. 11. 
GENERAL FUND, reversion of funds to, 192. 
tax levy, 190. 
transfer of, 191, 192. 
GIFTS, city may accept. 2. 
Council may accept, 34, subd. 5. 
GOVERNMENTAL POWER, acquire and operate public utilities, 151. 
public utilities, 152. 
GRADE CROSSINGS. See Railroad Grade Crossings.. 
tax levy for elimination, 190. 


GRADES. See Street Grades. | 
fees for establishing, 34, subd. 18. 
right to establish and change, 275. 


GRAIN ELEVATOR BONDS. See Bonds. 
[ 213 ] 


PORTLAND CITY CHARTER INDEX. 


HARBOR, controlled by Dock Commission, 163, subd. e. 
HARBOR DEVELOPMENT BONDS. See Bonds. 
HARBOR LINE, Council to establish, 34, subd. 76. 
HARBORMASTER, Council to provide for, 34, subd. 74. 
HAWTHORNE AVENUE BRIDGE, bonds. See Bonds. 
HEALTH, Council to provide for, 34, subd. 25. 
HEALTH DEPARTMENT, members not subject to Civil Service, 97. 
HIGHWAYS, See Streets. 
HITCHING POSTS, Council to regulate, 34, subd. 62. 
HOSPITALS, for contagious diseases, city to furnish, 34, subd. 25. 
HOTELS, Council may regulate, 34, subd: 30. 
IMPRISONMENT, Council to provide for, 35. 

limit of, 34, subd. 3. 


IMPROVEMENT BONDS, transfer of funds for redemption of, 293. 
IMPROVEMENT CODE, 284. 
IMPROVEMENTS, public, annexed territory liable for, 15. 

city may assess cost, 152. 

city may construct, 152. 

contract to lowest responsible bidder, 150. 

Council may construct, 150. 


INCINERATING PLANT, bonds for, 165. 
INDEBTED TO CITY. See Demands. 
INDEBTEDNESS, bonds not included, 160. 

limit of, 160. 
INDUSTRIAL HOME, Council may provide, 35. 
INDUSTRIAL TRACKS, Council may authorize, 166. 
INITIATIVE, exercise of, 19. 

franchise subject to, 159. 

power of Council subject to, 20. 


INITIATIVE MEASURE, time of taking effect, 49. 
INJURY, defective sidewalks, etc., remedy, 281. 
INSPECTION, books and records, 92. 
INTOXICATION, Council may ‘punish, 34, subd. 52. 
INTOXICATING LIQUORS. See Liquors. 
INVENTORY, Auditor to make, 66. 
of supplies, 58. 
INVESTIGATIONS, Civil Service, 108, 114. 

Council may make, 82. 

expense, how paid, 61. 

of public utilities, 156. 

suspension of officer pending, 62. 


JAIL, construction of, 251. 
Council may establish, 34, subd. 59. 
JAIL BONDS, 249, 250. 
JOURNAL, of Council, public record, 42. 
proceedings of Council, 42. 


JUDGES AND CLERKS. See Elections. 

LABORERS, action on contractor’s bond, 149. 
Council may employ on public improvement, 150. 
employment of, preference given citizens and residents, 122. 
minimum wage, 122. 

LAND, Council may appropriate for sewer or water mains, 34, subd. 11. 
owned by city, control of, 2. 
right of city to sell or lease, 2. 


[ 214 ] 


PORTLAND CITY CHARTER INDEX, 


LANES. See Streets. 
LAUNDRIKES, exclusion from city, 34, subd. 27. 
LEASE, of city property, 34, subd. 10. 
of city property, how authorized, 34, subd. 10. 
of city property, limit of, 34, subd. 10. 


LEGAL PROCEEDINGS, existing, continued, 5. 
how and when instituted, 5. 
LEGAL VOTERS. See Voters. 
LEVEES, city has control of, 2. 
right of city to sell or lease, 2. 
LIABILITY, Council to provide money to pay, 34, subd. 20. 
effect of annexation upon, 13. 
in excess of revenue void, 193. 
on contracts, 148. 
on contracts validated, 6. 


LIBRARIAN, not subject to Civil Service, 97. 
LICENSE, limit of, 34, subd. 21. 
LICENSE FEES, vehicles, disposition of, 34, subd. 21. 
LICENSES, Auditor to issue, 76. 
Council to grant, 34, subd. 21. 
LIGHTING. See also Street Lighting. 
public buildngs, 34, subd. 13. 
municipal plant, Council may provide, 34, subd. 13. 
LIQUOR, city employees using to excess, 106. 
Council may regulate sale of, 34, subd. 48. 
sale of near schools, 34, subd. 48. 
sale of near schools prohibited, 33. 
LOCAL IMPROVEMENT CODE, procedure under, 284, 
repeal and amendmnt of, 284. 


LODGING HOUSES, Council may regulate, 34, subd. 30. 
LOTTERIES, Council may prevent, 34, subd. 49. 
LOWEST RESPONSIBLE BIDDER, Contract to be let to, 150, 295. 
MALFEASANCE, forfeiture on official bond, 23. 

of officers, 193. 


MATERIAL MEN, action on contractor’s bond, 149. 
MAYOR. See also Officers. 
action on bond, 23. 
administer oaths, 61. 
annual budget, 59, 188. 
annual message, time of filing, 188. 
appoint Civil Service Commissioners, 98. 
appoint Dock Commission, 162. 
approve bonds, 149. 
assign Commissioners to departments, 55. 
bond, 23. 
Civil Service Board, may require reports, 111. 
contracts, violations to be reported to, 68. ..... 
distribute work among departments, 54. 
Dock Commission books, may audit, 163, subd. m. 
drawing of warrants, 75. 
duties, annual message, 59, 60. 
entire time to city business, 26. 
failure to file bond, 29. 
failure to take oath, 29. 
filling of vacancy in office, 30. 


[ 215 ] 


PORTLAND CITY CHARTER INDEX. 


MAYOR, continued. 
forfeiture on bond, 23: 
how elected, 21. 
interst in city contract renders same void, 25. 
interest in city contracts prohibited, 24. 
interest in public service corporations prohibited, 24. 
investigate city property, 61. 
franchises, 60. 
offices and accounts, 61. 
investigation, suspend officers pending, 62. 
report to Council, 61. 
message, annual, 59. 
not to hold other office, 26. 
oath, 27. 
office deemed vacant when, 22, 24. 
pay to cease when, 29. 
prepare inventory public properties, 183. 
president of Council to act as, 37. 
presiding officer of Council, 37. 
prohibited from serving political party, 26. 
qualifications, 22. 
report to Council investigations, 61. 
salary, 28. 
secret service fund, 34, subd. 23. 
secretary, not subject to Civil Service, 97. 
sign bonds, 163, subd. 1. 
subject to powers reserved to people, 20. 
sue to annul franchise, 60. 
term of, 21, 123. 
time of assuming office, 123. 
to sign ordinances, 51. 
vacancy in office, 29. 
when elected, term, 128. 


MARKETS, Council to regulate, 34, subd. 72. 
MECHANICS, employment of, citizens and residents given prefernce, 122. 
securing wages under city bond, 34, subd. 14. 
MEETINGS, of Council, public, 42. 
of Council, when held, 42. 
MINIMUM WAGE, laborers, 122. 
MINORS, sale of tobacco to, 34, subd. 49. 
of Council, when held, 42. 
MISDEMEANOR, 116, 115. 
violation of Civil Service provisions, 120, 121. 
MONEY. See also City Funds. 
Council provide for paying debts, 34, subd. 20. 
expenditure of, 193. 
for public utilities, 152. 
public, collection of, 185. 
transfer from one fund to another, 191. 
MULTNOMAH COUNTY, Clerk, levy city taxs, 188. 
canvass election returns, 138. 
maintain bridges and ferries, 184, 235, 236. 
registration, reimbursement for cost, 133. 
tax levy, no compensation for, 188. 


MUNICIPAL GRAIN ELEVATOR, 292. 
[ 216 ] 


PORTLAND CITY CHARTER INDEX. 


MUNICIPAL JAIL, construction, 251. 

bonds, 249, 250. 
MUNICIPAL COURT, seal of, 34, subd. 16. 
MUNICIPAL GARBAGE COLLECTION, bonds, 252. 
MUNICIPAL JUDGE, appointive, 80. 

qualifications, 81. 


MUNICIPAL LIGHTING PLANT. See Lighting. 
MUNICIPAL WORK. See Public Improvement. 
NAVIGABLE WATERS, street near not to be vacated, 7. 
NOMINATION OF OFFICERS, 124. 
acceptance, 124, subd. e. 
certificates, form of, 124, subd. b. 
Auditor to furnish certificates, 124, subd. g. 
irregularity of petition, 124, subd. f. 
petitions, preservation of, 124, subd. h. 
NOMINATIONS, certain ones void, 289. 
NOTICE, application for franchise, 172. 
amendment of, 124, subd. d. 
certificates, 124, subd. a. 
filing, 124, subd. c. 


NUISANCES, Council to prevent, 34, subd. 26. 
NUMBERING OF HOUSES, Council to regulate, 34, subd. 69. 
elections, 1385. 
posting of, 125. 
publication of, 125. 
OATH, Auditor power to administer, 68. 
failure of Mayor and Commissioners to take, 29. 
Mayor may administer, 61. 
of Mayor and Commissioners, 27. 
Council may administer, 32. 
Secretary of Civil Service Board may administer, 114. 


OBSCENE LITERATURE, Council may prevent sale of, 34, subd. 50. 
OBSCENE PICTURES, Council may prevent sale of, 34, subd. 50: 
OFFICE HOURS, Council to fix, 34, subd. 19. 
OFFICES, Council may create or abolish, 82. 
OFFICERS, absence, salary withheld, 72. 
aid Civil Service investigations, 114. 
appointmnt, how made, 93. 
appointive, 80. 
removal of, 81. 
vacancy, 81. 
qualifications, 81. 
bond, additional may be required, 86. 
conditions of, 87. 
lability on, 89. 
sureties, city officers not accepted as, 87. 
individuals allowed as, 88. 
justification, 87. 
requirements of, 88. 
bribery, when guilty of, 117. 
city contracts, interest in prohibited, 91. 
not to aid in securing, 95. 
city property, purchase or lease prohibited, 91. 
Council to prescribe duties, 57. 
Council may investiogate, 32. 


[ 217] 


~ PORTLAND CITY CHARTER INDEX. 


OFFICERS, continued. 


Council may provide seal, 34, subd. 16. 
Department of Public Docks, 168, subd. j. 
disposition of city money, 94. 
election, duties, 127. 

notice of, 135. 


elective, action on bond, 23. 
Civil Service, not subject to, 97. 
malfeasance or delinquency, 23. 
nominations, 124. 


present incumbnts, 123. 
qualifications, 22. 
term of, how elected, 21. 
time of assuming office, 123. 
when elected, 123. 


false reports on certificates, 95. 

fees of, Council to regulate, 34, subd. 17. 

franchise, interst in prohibited, 91. 

hold but one office, 85. 

indebted to city, salary withheld, 72. 

liable for subordinates, 89. 

malfeasance, 193. 

Mayor may investigate, 61. 

negligent, salary withheld, 72. 

nomination, acceptance, 124, subd. e. 

certificate, form of, 124, subd. b. 
petition, amendment of, 124, subd. d. 

Auditor to supply forms for, 124, subd. g. 
filing of, 124, subd. c. 
irregularities in, 124, subd. f. 
preservation of, 124 subd. h. 

official books, etc., delivery to successor, 84. 

political influence prohibited, 119. 

political service disregarded, 119. 

present incumbent hold over, 1438. 

public defined, 117. 

public service corporations, interest in prohibited, 91. 

qualifications, 85. 

report violations of contracts, 63. 

salary, full compensation, 94. 

serve one or more departments, 57. 

subordinates, bonds required of, 90. 

suspension pending investigations, 62. 

time of assuming office, 123. 

time required of, 96. 

when elected, 123. 

women, need not be voters, 85. 

wrongful payment of salary, action against, 113. 


OFFICIAL ADVERTISING. See Advertising. 
OFFICIAL BONDS. See Bonds. 
OFFICIAL BOOKS, PAPERS, ETC., city property, 84. 
keeping of, 84. 
open to inspection, 84. 
OPIUM SMOKING, Council may prevent, 34, subd. 49. 


[ 218 ] 


PORTLAND CITY CHARTER INDEX. 


ORDINANCES, amendment of, 50. 
appropriation, manner of drawing, 45. 
time of taking effect, 48. 
attestation of, 51. 
charter provisions retained as, 283, 284, 
codification of, 287. 
Dock Commission, charges, 163, subd. h. 
creating offices, etc., 163, subd. j. 
record of, 163, subd. g. 
subject to referendum, 163, subd. g. 
emergency, manner of passage, 47. 
time of taking effect, 48. 
existing continued, 53. 
enacting clause, 46. 
franchise, effective when, 173. 
method of enacting, 172. 
what to contain, 172. 
initiative, time of taking: effect, 49. 
limited to one subject, 45. 
manner of drawing, 45. 
manner of enacting, 44. 
manner of passage, 47. 
objections to, 52. 
punishment for violation, 34, subd. 3, 35. 
referendum, time of taking effect, 49. 
record of, 51. 
repeal of, 50. 
time of taking effect, 48. 


OREGON HISTORICAL SOCIETY, space in Public Auditorium, 242. 
OWNERSHIP BOOKS, Auditor to keep, 79. 
PARKS, act of 1899 not applicable to Portland, 280. 
bonds. See Bonds. 
city has control of, 2. 
Playground Bonds, 230 b. 
playgrounds, tax levy, 190. 
under jurisdiction of Council, 34, subd. 60, 61. 
improvement of, Council provide for, 34, subd. 12. 
Reconstruction Bonds, 230 a. 
rights of city inalienable, 7. 
right of city to lease or sell, 2. 
tax levy for, 190. 


PAROLE, of city prisoners, 35. 

PENDING PROCEEDINGS, streets, net affected by charter amendments, 277. 
PENSIONS. See Firemen’s Relief and Pension Fund. 

PERJURY, false swearing, 32, 61, 114. 

PERMITS, Auditor to report on, 66. 

PLAYGROUND BONDS. See Bonds. 

PLUMBING, Council may regulate, 34, subd. 28. 

Council to provide for inspection, 34, subd. 18. 
PLUMBING INSPECTOR, Cotncil may create office, 34, subd. 28. 
POLICE BUREAU, Chief not subject to Civil Service, 97. 

record not subject to inspection, 92. 

POLICEMEN, discharge of, 316. 
POLICE POWER, 34, subd. 1. 
POLICE REGULATIONS, Council power to make, 34, subd. 2. 


e219 "| 


PORTLAND CITY CHARTER INDEX. 


POLICEMEN’S RELIEF AND PENSION FUND, acts in conflict repealed, 318. 
application for pension, 308. 
application of provisions of act, 309. 
benefits of temporary or permanent disability, 305. 
benefits on retirement, 304. 
benefits to widows and children of deceased. policemen, 306. 
books and accounts open for inspection, 313. 
City Attorney to advise board, 317. 
City Treasurer custodian and disbursing officer, 300. 
controlled by board of trustees, 298. 
creation of fund, 296. 
definition of basic salary, 319. 
discharge of policemen, 316. 
division of Police and Fire Department Relief Fund, 314. 
pensions, 
certificates, 310. 
exempt from execution, 315. 
forefiture of, 311. 
payable monthly, 303. 
prorated when funds insufficient, 312. 
to temporary policemen, 307. 
powers of board, 299. 
salary deductions for fund, 302. 
source of fund, 297. 
tax levy for fund, 190. 
POLICE STATION, Council may establish, 34, subd. 59. 
POLICE AND FIRE DEPARTMENT RELIEF FUND, division of, 220, 314. 
POLITICAL CONTRIBUTION, Civil Service employes, 116, 119. 
PORT OF PORTLAND, not affected by Dock Act, 163, subd. e. 
POUND, contract for operation of, 290. 
POWER, corporate, continuation of, 2. 
Council to exercise, 18. 
grant of, 2; 3. 
governmental, vested in city, 3. 
of city to annex: territory, 10. 
of Council subject to initiative and referendum, 20. 
to acquire property outside of city, 3. 
to alter seal, 2. 
to sell, etc., city property, 2. 
to sue and be sued, 2. 
executive and administrative, distribution of, 54. 
enumeration not a limitation, 36. 
specific powers of 1903 charter vested in Council, 34. 
vested in Council, 20. 
PREFERENTIAL SYSTEM OF VOTING. See Elections. 
PRESIDENT OF COUNCIL, election of, 37. 
presiding officer of Council, 37. — 
when may act as Mayor, 37. 
when to sign ordinances, 51. 


PRIVIES, must connect with sewer, 34, sudb. 29. 
PREVIOUS BOND ISSUES. See Bonds. 


PRISONERS, Council provide for working, 35. 
m2y be paroled by Council, 35. 
may be released by Council, 35. 
working of, 34, subd. 8. 


[ 220 ] 


PORTLAND CITY CHARTER INDEX. 


PRISONS, Council may establish, 34, subd. 59. 
PROCEEDINGS, public improvement, deemed regular, 277. 
PROPERTY, acquired by Dock Commission, 163, subd. c. 
city may accept as gift, 34, subd. 5. 
city, control of, 2, 56. 
Council may lease, limit of, 34, subd. 10. 
legal proceedings to recover, 5. 
Mayor may investigate, 61. 
officers or employes not to purchase or lease, 91. 
penalty for destruction of, 34, subd. 47. 
rental of, 8. 
unfit for use, sale of, 34, subd. 9. 
condemnation by Dock Commission, 163, subd. ec. 
Council may condemn or purchase, 34, subd. 6. 
franchise deemed as, 166. 
levied on under execution, Council may purchase, 34, subd. 7. 
outside city limits, city may acquire, 3. 
purchased under execution, limit of price, 34, subd. 7. 
purchased for delinquent taxes, 34, subd. 8. 
right of city inalienable, 7. 
right of city to hold, 4. 
right of city to sell or lease, 2. 
right to condemn, 2. 
sold for taxes, Council may purchase, 34, subd, 8. 
trespassing, Council may prevent, 34, subd. 51. 


PROPERTY OWNERS, record of, Auditor to keep, 79. 
PROPERTY RIGHTS, effect of annexation upon, 13. 
legal proceedings to enforce, 5. 


PUBLIC AUDITORIUM, annual report, 224. 
bonds. See Bonds. 
Commission, 239, 248. 
contracts, how let, 241. 
employes not subject to Civil Service, 243. 
fund, deficit, 247. 
disbursements, 246. 
expenditure of, 248. 
provision for Oregon Historical Society, 242. 
revenue, 246. 
rules and regulations, 240. 


PUBLIC CRIERS, Council may regulate, 34, subd. 38. 
PUBLIC DOCKS. See Docks. 
may occupy streets, 8. 
PUBLIC EMPLOYES. See Employes. 
PUBLIC HALLS, Council may regulate, 34, subd. 31. 
PUBLIC IMPROVEMENT, city may assess cots, 152. 
city may construct, 152. 
contract to lowest responsible bidder, 150, 295. 
Council may carry on direct, 150. 


PUBLIC MONEY. See Money. 

PUBLIC OFFICERS. See Officers. 

PUBLIC SCHOOLS. See Schools. 

PUBLIC SERVICE CORPORATIONS. See also Public Utilities. 
Council may regulate, 154. 
failure to comply with charter, 158. 
file record of property, 156. 


[ 221 ] 


PORTLAND CITY CHARTER INDEX. 


PUBLIC SERVICE CORPORATIONS, Continued. 
Mayor and Commissioners not to be interested in, 24. 
officers or employes not to be interested in, 91. 
quarterly reports, 157. 
reports, part of Auditor’s annual report, 157. 


PUBLIC UTILITIES, acquisition, limitation of indebtedness, 160. 
appeal from rules of Gouncil, 158. 
Auditor to report revenue, 160. 
bonds to provide for, 152. 
charges to be reasonable, 156. 
Council may invstigate, 156, 157. 
city may purchase, 177, subd. a. 
Council may regulate, 156, 157. 
Council power to construct, acquire, etc., 151. 
defined, 153. 
extensions, Council may order, 156. 
failure to comply with charter, 158. 
money for, 152. 
owners to file record of property, 156. 
products of, city may use or sell, 152. 
rates, Council to determine, 156. 
records, form of, 157. 
reports, penalty for failure to make, 157. 
rules to govern, Council to make, 158. 
supervision of Council, 154. 


PUBLIC UTILITY CERTIFICATES, Council may issue, 155. 
not a general obligation, 155. 
ordinance authorizing, subject to referendum, 155. 


PUBLIC UTILITY CORPORATIONS, Council may regulate, 154. 
PUBLIC WORK, prisoners may be employed, 34, sudb. 3. 
PUNISHMENT, violation of ordinances, 35. 
PURCHASE, supplies and material by Dock Commission, 1638, subd. f. 
competitive bidding, 150. 
over $250.00, advertise for bids, 150]| 
PURCHASING AGENT, appointive, 80. 
not subject to Civil Service, 58. 


QUARTERLY REPORTS, public utilities to make, 157. 
QUORUM, of Council, 48. 
RAILROAD COMPANIES, duty to pave streets, 274. 
RAILROADS, commercial, streets, agreement for use of, 168. 

franchise, what to contain, 174. 

rates, regulation of, 174. 

tracks, common user, 169. 

in streets, 167. 


RAILROAD GRADE CROSSINGS, assessments for elimination may be bonded, 273. 
contract for elimination, 272. 
Council power to eliminate, 265, 266. 
elimination of, colletcion of assessments, 272. 
cost of, a lien, 272. 
fund for payment of damages, 271. 
on two or more streets in one proceeding, 275%. 
plans, damages and benefits, 267, 269, 270. 
objections, 268. 
publication, remonstrance, 272. 
tax levy for, 190. 


[ 222 ] 


PORTLAND CITY CHARTER INDEX. 


RAILROAD TERMINALS, streets abutting on, rights in, 8. 
streets abutting not to be vacated, 7. 
RAILWAYS, Council may regulate cars, 34, subd. 46. 
Council may require fenders, 34, subd. 46. 
tracks, Council may regulate, 34, subd. 46. 
RATES, DOCK Commission may fix, 163, subd. h. 
franchise, regulation of, 174. 
public utilities, 156. 
RATES FOR TRANSPORTATION, Council to regulate, 34, subd. 71. 
REASSESSMENT. See Improvement Code, 284. 
REBONDING OF ASSESSMENTS, 278%. 
RECALL, may be invoked in city, 19. 
RECEIPTS, statement of, 66. 
RECEIPTS BY CITY, publication of, 58. 
RECONSTRUCTION BONDS. See Bonds. 
RECORDS, Auditor to keep, 66, 69. 
certified copies, fee for, 92. 
Civil Service Board may examine, 114. 
efficiency, weight on examination for promotion, 107. 
open for inspection, 92. 
Police Bureau, not open to inspection, 92. 
REFERENDUM, Dock Commission ordinances subject to, 163, subd. g. 
exercise of, 19. 
franchises, subject to, 159, 173. 
power of Council, subject to, 20. 
transfer of franchise, subject to, 178. 
REFERENDUM MEASURES, time of taking effect, 49. 
REFUNDING BONDS. See Bonds. 
REFUND WATER BONDS. See Bonds. 
REGISTRATION. See Elections. 
REGULATIONS, Dock Commission, 163, subd. g. 
RELIGION, recommendations relating to, 118. 
REPEAL OF 1898 CHARTER, 285. 
REPORTS, annual, Auditor, 66. 
Civil Service Board, 111. 
Dock Commission, 163. 
Mayor, 59. 
false, penalty, 95. 
public utilities, 157. 
RESIDENTS, given preference in employment, 122. 
REVENUE, control of, 185. 
liabilitis in excess of, void, 193. 
municipal garbage collection, 254. 
Public Auditorium, 246. 
public utilities, report of, 160. 
REVISION OF CHARTER, 287. 
RIGHTS OF ACTION, continuation of, 4. 
RIGHTS OF PROPERTY, continuation of, 4. 
RIOT, Council may prevent, 34, subd. 53. 
RULES, Council may enact, 41. 
governing public utilities, appeal from, 158. 
RULES AND REGULATIONS, Dock Commission, 168, subd. g. 
RUNAWAYS, Council to protect public from, 34, subd. 45. 
SALARIES, Auditor, 65. 
full compensation, 94. 
Mayor and Commissioners, how paid, 28. 


L 223] 


PORTLAND CITY CHARTER INDEX. 


SALOONS, near schools prohibited, 33. 
SAMPLE BALLOTS. See Elections. 
SANITARY REGULATIONS, Gouncil power to make, 34, subd. 2. 
SCHOOLS, sale of liquor near, 33, 34, subd. 48. 
SEAL, 2. 
Auditor custodian of, 66. 
Council to provide, 34, subd. 16. 
SEAL OF MUNICIPAL COURT. See Municipal Court. 
SECRET SERVICE FUND, of Mayor, 34, subd. 23. 
SEWER. See Improvement Code, 284. 
all privies and cesspools to be connected with, 34, subd. 29. 
Council may compel servic connections, 34, subd. 11. - 
Council may construct, 34, subd. 11. 
defective, city not liable, 281. 
proceedings deemed regular, 277. 


SEWER CONSTRUCTION BONDS, 278. 
SEWERS, construction of, 
beneficial to property both within and without the City of Portland, 275a. 
bonding of assessments, 278. 
cost, 284-b. 
engineering, how paid, 284-b - 
progress payments, 3387. 
rebonding of assessments, 278%. 


SIDEWALKS, advertising on, Council may regulate, 34, subd. 40. 
Council may lay, 34, subd. 18. 
Council may regulate, 34, subd. 34. 
Council to maintain and keep open, 34, subd. 61. 
Council to regulate use of, 34, subd. 65. 
defective, city not liable, 281. 
repair. See Improvement Code, 284. 


SIGNBOARDS, Council may regulate, 34, subd. 40. 
SIGNS, power of Council to regulate, 34, subd. 62. 
SINKING FUND, investment of, 192. 

purchase of bonds, 192. 

redemption of bonds, tax levy, 190. 


SLAUGHTER HOUSES, exclusion from city, 34, subd. 27. 
SPECIAL ASSESSMENTS. See Improvement Code, 284. 
SPECIAL BRIDGE FUND, tax levy, 190. 
SPECIFICATIONS, Council may adopt one or more sets, 150. 
STEAM BOILERS, city may inspect, 34, subd. 28. 
STEAM WHISTLES, Council may regulate, 34, subd. 39. 
STOCKYARDS, Council may exclude from city, 34, subd. 27. 
STORES. AND SUPPLIES, inventory, 58. 
STREET IMPROVEMENT BONDS, 278. 
STREET LIGHTING, contract for, 336. 
STREET LIGHTING SYSTEMS, 338. 
STREETS, abutting railroad terminals, rights in, 8. 
abutting waterways, rights in, 8. 
advertising in, Council may regulate, 34, subd. 40. 
animals driven through, 34, subd. 42. 
assessment, bonded, reapportionment, 279. 
banners over, Council may regulate, 34, subd. 41. 
bonding of assessments, 278. 
Council may convert into boulevards, 34, subd. 67. 
control of, 34, subd. 60, 61. 


[ 224 ] 


PORTLAND CITY CHARTER INDEX. 


STREETS, continued. 
county roads taken as, 276. 
defective, city not liable, 281. 
definition of, 255. 
Dock Commission, authority over, 163, subd. e, i. 
extension of. See Improvement Code, 284. 
appeal, right of, 325. 
area previously dedicated, credit for, 332. 
assessments, bonding of, 326. 
assessments, entry upon docket, 326. 
assessmnets for dficit, 330. 
City Engineer’s report, 322. 
Council, power of, 322. 
definitions, 321. 
hearing, 324. 
objections, 324. 
official notice, 3238, 
ordinance adopting report of City Engineer, 323. 
proceedings, error in not fatal, 334. 
lapsing of, 321. 
rescinding of, 333. 
resolution declaring street opened, 329. 
saving clause, 335. 
segregation of assessments on area to be appropriated, 332. 
surplus, declaration of, 331. 
two or more streets in one proceeding, 332. 
warrants, drawing of, 327. 
failure of franchise holder to improve, 177, subd. f. 
franchise, exclusive, where prohibited, 171. 
time limit, 170. 
grades, change of. See Improvement Code, 284, 
authority of the Council, 256, 257. 
benefits, 261. 
claims for damages, 260. 
damages, 261. 
engineer’s report, 258. 
hearing, 259, 260. 
objections, 260. 
official notice, 259. 
rights to establish and change, 34, subd. 12. 
grades, original establishment of, 256. 
improvement. See Improvement Code, 284. 
cost, 284-b. 
Council may provide for, 34, subd. 12. 
engineering, how paid, 284-b. 
franchise holders, 177, subd. f. 
pending proceedings not affected by charter amendments, 277. 
proceedings deemed regular, 277. 
progress payments, 337. 
railway not relieved from, 274. 
industrial tracks in, 167. 
naming of, 34, subd. 69. 
obstructions in, 34, subd. 61. 
occupied by dock structures, 8. 
opening, extension, etc., 34, subd. 12, 321-335. 
opening, permits for, 34, subd. 18. 


[ 225 ] 


PORTLAND CITY CHARTER INDEX. 


STREETS, continued. 
power of Council over, 284. 
railroads in, 168. 
rebonding of assessments, 278%. 
right in, inalienable, 7. 
roaming in at night, 34, subd. 55. 
runaways, Council to protect public from, 34, subd. 45. 
special street lighting systems, 338. 
transportation, 8. 
underground conduits in, 34, subd. 70. 
vacation of. See Improvement Code, 284. 
by Docks Commission, 163, subd. 1. 
replatting affording equal area permitted, 7. 
vote required, 7. 
where permitted, 7. 
where City owns property, 7. 
what constitutes, 8. 


STREET CARS, charge over bridges, 24. 
regulation over bridges, 184. 
STREET LIGHTING, Council provide for 34, subd. 13. 
STREET RAILWAY, franchise, what to contain, 174. 
rates, regulation, 174. 
STREET RAILWAY COMPANIES, duty to pave streets, 274. 
STREET REPAIR, Council may provide for, 34, subd. 12. 
SUBCONTRACTORS, action on contractor’s bonds, 149. 
SUBORDINATE OFFICERS, Commissioners to appoint or remove, 82. 
subject to Civil Service, 82. 
SUBPOENA, power of Council to issue, 32. 
power of Mayor to issue, 61. 


SUCCESSIVE, term defined, 147. 
SUITS, existing continued, 5. 
may be brought, how and when, 5. 
SUPPLIES, contract to lowest responsible bidder, 150, 295. 
purchase of over $100.00 by Dock Commission, 163, subd. f. 
SURETIES, contractors’ bonds, 149. 
on official bonds, 23. 
SURVEYING, Council to provide for, 34, subd. 68. 
fees, 34, subd. 18. 
TANNERIES, exclusion from city, 34, subd. 27. 
TAX, annual levy, 188. 
on franchise, 177, subd. d. 


TAX COLLECTOR, no compensation, 188. 

TAX LEVY, bonded indebtedness interest fund, 190. 
bond sinking fund, 190. 
Dock Commission, 163, subd. k. 
elimination of grade crossings, 190. 
fills, 190. 
Firemen’s Relief and Pension Fund, 190. 
general fund, 190. 
limit of, 190. 
playgrounds and parks, 190. 
Policemen’s Relief and Pension Fund, 190. 
Salary increases, Bureaus of Fire and Police, 190-1b. 
special bridge fund, 190. 
when made, 190. 


[ 226°] 


PORTLAND CITY CHARTER INDEX. 


TAXATION, bonds exempt from, 229. 

estimate for, 188. 

franchises, 166. 
TAXES, annulment of back taxes, 194. 

Collection of, 188. 

property sold for, Council may purchase, 34, subd. 8. 
TENEMENT HOUSES, Council may regulate, 34, subd. 30. 
THEATERS, Council may regulate, 34, subd. 31. 
TIME REPORTS, each department to keep, 58. 
TIRES, width of, Council to regulate, 34, subd. 64. 
TOBACCO, power of Council to regulate sale of, 34, subd. 49. 
TRAFFIC, Council may regulate, 34, subd. 60, 61, 63. 
TRANSFER OF FRANCHISE, 178, 179. 
TRANSPORTATION, Council to fix rates, 34, subd. 71. 
TRANSPORTATION TERMINAL. See Common Transportation Terminal, 183. 
TREASURER, appointive, 80. 

bond, 88. 

surety, individuals not allowed, 88. 

custodian Firemen’s Pension Fund, 201. 

custodian of Policemen’s Relief and Pension Fund, 300. 

deposit of sinking funds, 192. 


TREES, Council to regulate, 34, subd. 66. 
TRESPASSING, Council may prevent, 34, subd. 51. 
TRUSTS, Council to execute, when, 34, subd. 5. 
TWO PLATOON SYSTEM, Bureau of Fire, 122a. 
UNDERGROUND CONDUITS, Council to regulate, 34, subd. 70. 
UNDERTAKINGS. See Bonds. 
UNUSED FRANCHISES, forfeited, 181. 
VANCANCY IN OFFICE, Dock Commission, 162. 
manner of filling, 30. ; 
Mayor and Commissioners, 22, 24, 29, 30. 


VACATION OF STREETS. See Streets. 
VAGRANCY, Council may prevent, 34, subd. 54. 
VEHICLES, width of tires, Council to regulate, 34, subd. 64. 
VOTE OF COUNCIL, aye and nay, when taken, 39. 
VOTERS. See also Elections. 

qualifications, 137. 
WAGES, mechanics’, city to secure, 34, subd. 14. 
WARRANTS, drawing of, money must be appropriated, 75. 

how drawn, 75. 

issue of, appropriation necessary, 193. 

on Firemen’s Pension Fund, 201. 

on Policemen’s Pension Fund, 300. 

record of, 74. 


WASH HOUSES, exclusion from city, 34, subd. 27. 

WATER, Council may compel service connections, 34, subd. 11. 
Council to provide for supplies, 34, subd. 11, 15. 

WATER BOARD, power of vested in Council, 16. 

WATER BONDS. See Bonds. 

WATER CONSTRUCTION FUND, 228%. 

WATER DEPARTMENT, engineer, not subject to Civil Service, 97. 
superintendent, not subject to Civil Service, 97. 

WATER FRONT, streets abutting on, rights in, 8. 

WATER MAINS, extension of, 34, subd. 11. 

WATER REGULATIONS, Council power to make, 34, subd. 2. 


prea 


PORTLAND CITY CHARTER INDEX. 


WEAPONS, dangerous, Council may prevent carrying of, 34, subd. 56. 
WEIGHTS AND MEASURES, Council to provide standard, 34, subd. 73. 
WHARF PROPERTY, right of city inalienable, 7. 
WHARFAGE CHARGES, Dock Commission may fix, 163, subd. h. 
WHARVES, in Wallamette River, Council to control, 34, subd. TOUTS: 

public, right of city inalienable, 7. 
WILLAMETTE RIVER, Council given jurisdiction, 34, subd. 75, 78. 
WITNESSES, Civil Service Board may subpoena, 114. 

Council may compel attendance, 32, 156. 

Mayor may subpoena, 61. 

power to subpoena, 199. 


WOMEN OFFICERS, need not be voters, 85. 


[ 228 ] 


THE CHARTER OF THE CITY OF PORTLAND, OREGON 


TABLE OF COMPARATIVE SECTIONS 


(Abbreviations: repealed, r; ordinance, Ord.) 


Sections of 1903 Charter and Sections of Amending Act of 
corresponding sections of this May 3, 1913, and corresponding 
compilation. sections of this compilation. 
zy 1 1 4,16 
2 2, 2 3 
3 3 3 148 
4 4 4 12 
5 5 5 15 
6 148 6 20 
ri 6 7 21 
8 281 8 21 
9 282 9 22 
10 r 10 23 
ll r 11 24 
12 9 12 24 
13 10 13 25 
14 11 14 26 
15 12 15 at 
16 13 16 28 
17 14 17 29 
18 18 30 
to i9 4l 
2400) 20 42 
23 128 21 43 
24 133 22 44 
25 134 23 45 
26 135 24 46 
27 137 25 A7 
28 26 48 
to 2t 49 
30 r 28 50 
31 138 29 5E. 2 
32 139 30 38 
33 140 ok 39 
34 141 32 40 
35 142 33 31 
36 34 195 
to 35 37 
39 r 36 54, 57, 58 
40 143 3% 55, 56 
41 38 144 
to 39 145 
46 r 40 146 
47 32 41 123 
48 42 124 
to 43 125 
5l r 44 126 
52 53 45 bag 
53 46 129 
to 47 130 
60 r 48 131 
61 147 49 132 
62 50 136 
to 51 137 
12% 52 138 
73 34, 35 53 141 
74 36 54 143 
75 255 55 Bo 
76 56 18, 19 
to 57 255 
87 r 58 15} 


[ 229 ] 


PORTLAND CITY CHARTER TABLE OF COMPARATIVE SECTIONS (Continued). 


(Abbreviations: repealed, r; ordinance, Ord.) 


Sections of 1903 Charter and Sections of Amending Act of 
corresponding sections of this May 38, 1913, and corresponding 
compilation. sections of this compilation. 
160 59 152 
89 60 153 
to 61 154,155. 
92 r 62 156 
93 1°38 63 157 
94 64 158 
to 65 159 
99 r 66 T8 
100 166 67 166 
1O01Sr 68 167 
102 167 69 168 
103 168 70 169 
104 G1 170 
to Va pRyal 
Ib Dawe 43 172 
113 189 74 173 
114 190 15 174 
115 191 76 Tip 
116 192 ae 176 
ably 193 78 17% 
118 161516251638, 229 719 178 
119 194 80 179 
120 81 180 
to 82 181 
121 83 182 
122 84 84 185 
1328 85 186 
to 86 187 
WA bare 87 189 
128 85 88 190 
P20cr 89 191 
130 86 90 192 
libel 87 91 193 
P52 88 92 apes 
183 89 93 17, 228 
134 90 94 96 
ies, 91 95 149 
1386 r 96 150, 283 
187 92 97 64 
138 93 98 65 
139 94 99 66 
140 95 100 fb 
141 r 101 ie 
142 96 102 80 
143 103 81 
to 104 82 
146 r 105 83 
wag, 59 106 122 
148 108 279 
to: 308 99 
150 r 317 108, 109, 110, 111 
L5] 60 
De 61 
153 62 
154 
to 
157 r 
158 63 
159 
to 
161 F 
162 149 
163 r 


[ 230 ] 


PORTLAND CITY CHARTER TABLE OF COMPARATIVE SECTIONS (Continued). 


(Abbreviations: repealed, r; ordinance, Ord.) 


Sections of 1903 Charter and 
corresponding sections of this 


compilation. 
164 150 
165 r 
166 r 
167 
to 
268 Ord. 
269 64 
270 65 
ya 67 
272 68 
Pad by, 66 
274 69 
275 70 
276 yal 
ay Bd 72 
278 13 
279 74 
280 75. 
281 76 
282 tal 
283 78 
284 719 
285 188 
286 r 
287 
to 
305 Ord. 
306 97 
307 98 
308 99 
309 100 
310 101 
wh 102 
5g Be 103 
ole 104 
314 105 
315 106 
316 107 
317 108, 109, 110, 111 
318 112 
319 113 
320 114 
SAE 115 
322 116 
oe aay 
324 118 
825 119 
326 120 
Bat 121 
328 
to 
350 Ord 
ook 
to 
361 r 
362 
to 
421 Ord. 
422 276 
423 277 
424 280 
425 r 
426 285 
427 286 


[ 231 ] 


THE CHARTER ORDINANCES OF THE CITY OF 
PORTLAND, OREGON | 


ALPHABETICAL INDEX 


ABSTRACTS OF TITLE, custody of, 5. 

APPEALS, from decisions of Municipal Court, 36. 
ASSESSMENTS. See special assessments. 

BIRTHS, registration of, 77. 

BOARDS AND COMMISSIONS, to serve without pay, 103. 
BOULEVARDS, power of Council to extend, 106. 
BUILDINGS, destruction of to check progress of fires, 60. 
BURGLAR’S TOOLS, possession of, penaltv, 48. 


GIT YY ATTORNEY, 
abstracts of title, custody of, 5. 
appointment, 1. 
deputies, 2. 
duties, 2. 
Municipal Court, prosecutions before, 38. 
office hours, 4. 
office rooms, 4. 
opinions, 5. 
qualifications, 1. 
records, 5. 
salary, 2: 
suits, appeals, etc., 6. 
surrender of records to successor, 7. 
term of office, 1. 


CITY ELECTRICIAN, 96. 
CITY ENGINEER, 
appointment, 22. 
deputies, 23. 
duties in general, 24. 
fees, 23. 
filing of plats, 24. 
qualifications, 22. 
records, 24. 
salary, 23. 
term of office, 22. 


CITY FUNDS, deposits of, 18, 14. 
CONTAGIOUS DISEASES, 78. 
CRIME, prevention of, 49. 
DAMAGES, for injuries due to defective sidewalks, 116. 
DEATHS, registration of, 77. 
DEPOSITARIES OF CITY FUNDS, 18, 14. 
DISEASES, contagious, 78. 
ELECTRIC LIGHTING WIRES, supervision of construction of, 99. 
FIRE BUREAU, 
authority over vested in the Council, 55, 56. 
Chief Engineer, 
appointment of, 56. 
duties of, 59, 60. 
Civil Service rules, subject to, 55, 56. 
disabled members, assignment to other duties, 63. 
employees, appointment of, 56. 
Fires, checking progress of, 60. 


[ 232 3] 


CHARTER ORDINANCES INDEX. 


FIRE BUREAU, continued. 

members, 
disabled, assignment to other duties, 63. 
leave of absence, 64. 
oath of office, 58. 

organization of, 55, 56. 

payrolls, 61. 

property of, 57. 

rules and regulations, 56. 

suspension of members, 56. 

temporary employees, appointment of, 62. 


FIRES, 
destruction of buildings to check progress of, 60. 
police protection at, 49. 


FRANCHISES, 164. 

FUNDS, 
deposited, liability, 16. 
on deposit, security, 13, 18. 
possession of, 17. 


GAMING HOUSE, suppression of, 53, 54. 
HARBOR, 
Harbor Master, 86, 87, 88, 89. 
water front, 
control of, 86. 
rules and regulations, 87. 


HEALTH BUREAU, 
births, registration of, 77. 
City Physician, appointment, 74. 
Commissioner in charge, 78. 
contagious diseases, 78. 
Council, powers,of, 76. 
deaths, registration of, 77. 
duties of, 77. 
employees, 
appointment, 74. 
salaries, 75. 
Health Officer, apointment, 74. 
hospitals, 78. 
nuisances, abatement of, 76, 77. 
pest houses, 78. 
rules and regulations, 76, 77. 
statistical information, 77. 


HOSPITALS, 78. 
INTELLIGENCE OFFICE KEEPER, examination of premises, 47. 
JUDICIARY, 26. 
JUNK-SHOPS, examination of premises, 47. 
LIGHTING PROPERTY, destruction of, penalty, 100. 
LOTTERY HOUSE, suppression of, 538, 54. 
MONEYS BELONGING TO CITY, 21. 
MUNICIPAL COURT, 

acting as Justice of the Peace, 34. 

appeals from decisions of, 36. 

appointment of temporary judge, 35. 

Clerk, 31. 

created, 26. 


[ 233 ] 


CHARTER ORDINANCES INDEX. 


MUNICIPAL COURT, continued. 
departments, 27. 
fees, 34. 
fines, etc., paid to Treasurer, 33. 
judges, 27. 
appointment, 30. 
presiding, 27. 
qualifications, 30. 
removal of, 838. 
salaries, 30. 
jurisdiction of, 29. 
jurors, pay, 32. 
jury trials, 32. 
pending proceedings, 37. 
proceedings, 32. 
removal of judge, 38. 
rules of court, 28. 
NUISANCES, abatement of, 76, 77. 
NUISANCES IN STREETS, removal of, 49. 
OBSCENE AMUSEMENT HOUSE, suppression of, 53, 54. 
OFFENDERS, arrest of, 49. 
ORDER, preservation of, 49. 
PARK BUREAU, 
Council, power of, 79. 
employees, 83. 
bonds, 82. 
parks, exhibition of works of are in, 81. 
rules and regulations, 80. 
PARKING SPACE, trees in, 79. 
PAWNBROKERS, examination of premises, 47. 
PERSONAL RIGHTS, protection of, 49, 
PEST HOUSES, 78. ° 
PLATS, filing of, 24. 
POLICE BUREAU, 
appointment of members, 39. 
book of arrests, 44. 
captains, 40. 
chief of police, 40. 
bond, 41 
duties, 41, 42, 48, 44, 47, 54. 
emergency employees, 51. 
employment of attorneys by members of police force, 45. 
fees, 44. 
officers, 
bonds, 42 
oath of office, 40. 
organization of, 39. 
patrolmen, 40. 
payrolls, 50. 
police, duties of, generally, 43, 47, 49. 
powers of the Council, 39. 
rewards, 45. 
rules and regulations, 39. 
special police, 46. 
substitute employees, appointment of, 52. 
suspension of members,43. 


[ 234 ] 


CHARTER ORDINANCES INDEX. 


POUND, 
Poundmaster, 101. 
duties of, 102. 
rules and regulations, 102. 


PROPERTY RIGHTS, protection of, 49. 

PUBLIC HEALTH, guarding of, 49. 

PUBLIC IMPROVEMENTS, 162. 
remonstrance against, 108. 


PUBLIC PEACE, 
preservation of, 49. 


PUBLIC PLACES, power of Council to acquire, 106. 
SEAMEN, harboring of, 88. 
SECOND HAND DEALERS, examination of premises, 47. 
SEWERS, 
construction of, 
assessment district for, 118. 
assessment for, 118. 
contracts for, 121 
power of Council, 117. 
jurisdiction of the Council, 118. 
official notice, 118, 119. 
plans and specifications for, 118. 
remonstrances against, 120. 
resolution of intention, 118, 119. 
time and manner ordinance, 118. 
defective, reports thereon, 49. 


SPECIAL ASSESSMENTS, 
apportionment of cost, 133. 
assessment of benefits, 134. 
assessment for deficit, 154. 
assessment ordinance, 134. 
assessments confirmed, 135. 
certificate of sale, 147. 
costs and fees on appeal, 158. 
curative clause, 159. 
delinquents, 143. 
docketing of, 137. 
docket of city liens, 138. 
estimate of cost, 133. 
judgments on appeal, 158. 
liability of City and its officers, 153. 
lien of assessment, 139. 
mistakes in proceedings, 136. 
notice, 133. 
notices, failure in not fatal, 152. 
Owner of property, who is, 141. 
payments in lawful money, 146. 
payment of, 139. 
payment of by lien creditor, 140. 
publication of, 137. 
reassessment, 156. 
reassessments, appeal therefrom, 157. 
receipts of Treasurer, 145. 
redemption of property sold, 149. 
regularity of proceedings, 160. 


CHARTER ORDINANCES INDEX. 


SPECIAL ASSESSMENTS, continued. 

sale for unpaid assessments, 144. 
sale of property, 

deed, 150. 

recovery—limitations of action, 151. 

segregation of bonded assessments, 161. 
surplus, 155. 
Treasurer’s return, 148. 
unsold property, 148. 
where paid, 142. 


STREET CLEANING, Bureau of, 
Council, power of, 84. 
Custody of property, 84. 
demands, 85. 
organization, 84. 
payrolls, 85. 
“STREET” definition of, 90, 104. 
STREET IMPROVEMENTS, 
power of Council, 105. 
“Street,” definition of, 104. 


STREET LIGHTING, 
bonds for municipal plant, 92. 
contract for, 91, 93. 
Council, power of, 97, 99. 
expenses for, 98. 
municipal plant, 91, 92, 94, 95, 96, 97. 
“Street,” definition of, 90. 


STREET LIGHTS, not burning, reports thereon, 49. 
STREETS, 
extension of, 
additional method, 107. 
improvement of, 
acceptance, 129. 
assessment for. See special assessments. 
bids: for;..123, 128: 
classification of kinds, 181. 
contract for, 1238, 128. 
Council, power of, 123, 124. 


definition of terms “Improve” and “Improvement,” 122. 


dirt, ownership of, 123, 127. 

gravel in roadway, 123. 

jurisdiction of the Council, 123, 127. 

macadam in roadway, 1238. 

maintenance, 131. 

official notice, 128, 125. 

pavement, 123. 

permit for, 130. 

plans, and specifications for, 123, 124. 

procedure, 1238, 124. 

remonstrances against, 108, 123, 126, 127. 

resolution of intention, 123, 124. 

service pipes, mains, etc., 132. 

“Street,’ definition of, 104. 

time and manner ordinance, 123, 127. 
jurisdiction over, 105. 


[ 236 ] 


CHARTER ORDINANCES INDEX. 


STREETS, continued 
repair of, 163. 
opening of street surfaces, regulations, 123, 132. 
sidewalks, 
advances from General Fund for repair of, 115. 
assessment for repairs of, 114. 
damages for injuries due to defects in, 116. 
defective, damages for injuries, 116. 
grade and width of, 112. 
notice to repair, 112. 
permit to repair, 113. 
power of Council over, 114. 
repair of, 112. 
vacation of, 
notice, 109. 
ordinance for, 111. 
petition, 109. 
proceedings, 109. 
recording of ordinance for, 111. 
title to street, vacated, 110. 


TREASURER, 

annual report, 11. 

appointment, 8. 

bond, 9. 

clerks, 10. 

deposited funds, liability, 16. 

deposits of City funds, 13, 14. 

deputy, 10. 

duties, 11. 

fees, 19. 

funds, custody of, 12. 

loan of City money, 12. 

Monthly statements of deposit, 15. 

office hours, 19. 

possession of funds, 17. 

qualifications, 8. 

receipts issued, 20. 

receive fines, etc., from Municipal Court, 33. 

salary, 9. 

semi-annual report, 11. 

term of office, 8. 

Water Fund, custody of, 71. 
TREES, in parking space, 79. 
WATER FRONT, 

control of, 86. 

rules and regulations, 87. 


WATER PIPES, defective, reports thereon, 49. 


WATER WORKS, 
assessments for construction of water mains, refunds, 67. 
authority of City, 66, 67. 
contracts, execution of, 69. 
Council, general powers, 72. 
employes, 72. Subd .1. 
engineer, 67. 
inventory, 73. 


[3237 ] 


CHARTER ORDINANCES INDEX. 


WATER WORKS, continued. 
payment of money, 69, 70, 71. 
power of Council to acquire water works or water plants, 67, 68. 
rules and regulations, 72, Subd. 2. 
statement of receipts and disbursements, 73. 
superintendent, 67. 
Water Fund, 67, 71. 
water mains, extensions of, 67, 68. 
Water plant, Council in charge of, 65. 
water rates, 72, Subd. 3 and 4. 


. WORKS OF ART, exhibitions in parks, 81. 


[ 238 | 


CHARTER PROVISIONS RETAINED AS ORDINANCES 
TABLE OF COMPARATIVE SECTIONS. 


Revised Legislative Charter Special 
Charter Ordinances. 1908. Amendments. 
PR ered gare a he talkie ad ek SAU EMO S tlartnn bate Me ete eee ele RR. Lee Mite Elite ale 
eye erers Sent eae ee DSL ee Mem ny eames Have sis tes MOI e ORME ee ASS ued aes 
oS ty ok: a rie DAR es resale eee eee ty Cee ial oe Le ee on eek 
2 ap Am, Ate A Seed ESPN by ae Bl rR 5 fete ghee lit Abe TIS ts St Ah ee io ea 
yd ee pag Be SE Seo BABE a aia ries lot iat alee LG Sete ee hoe Oy ere 
Lt jo ps PRS a PAP eae aOR es Nae EA Negad om hohe ipa Ey Mab dl SBM ao Adah alld ae Pe 
To eR Acre ye ae eee seas Ey nee had | ly ame LO ied My oll het 2 a didi SAP Mees ne SR a 
SS hae Oe poe eee ORE Peer reiatee Cates cat ee aes ae 
ees og iciah ni Oa ha ead ate ke POLK gon ardegery sc: Pr Lees) a A Ride) Ee eta Euan oh aie as I a a 
I) a neee A) ae ee DOr re Me Ene Sue oe Meee 4 Qampene BT Vat 
Whee py ee Teo ae Se, Se Me AY Be Saas Seth: SR ir ake Pb ile Ogee oA Ni bf Ordinance No. 
46927 
Re rai ely Coe RNS ee eae earale eS PUPA te |i al tia a ae ag AA AAR A td RU a ogee Be ae 
Pee Cle Ws: pale ewe ae he A dh Toate a clagh ele Wrest Aeg sees abel ae Ordinance Nos. 
29738 
30668 
32896 
45146 
39555 
eM eee eel a eels ais sien s mabe DC Pati Sate ahead i UNE UN dA aa dn a Athi 
PRM ee ee ere ete we con a cee Re He rt 1 ale ie cane Use ital toon il Se ME Tee tie i od 
1 AREA ys ek ae a ge GG recta cee eran aes biker feet tet at IEE ad eh) Bc ae eS 
th Aseria cue ic twes copeste ee es na PALM ben ule Bi as ae nae A RA Oe a dS AR Re PER 
1A § oS Ne To ot A ONE a CE a ea OS see te etre Ste ctr Oe ee Oe Le em hE Bees Chet RaNED 2 
As Seon ewan tere ee ekes aka BI es eee Oe RL Pe a kee 
Ure eres Oot gk occa os Kars DUO trie mealies i Ot. Ne 
PAN Doone me Gy Steg peda ae Oona te BU Lee tecre oi Oe apne ee AEeY GSMs ete tet R Lt eS in ere. oak 
PAA oly cab hea ik Set ea aa AN eo Slo a oe Oe dee AS EARS oe UI EDA Se GR en ae 
Ds CRAs Re ae oe che che ees ON ce ne Mart: tie eee Ian shh oat Be PIG OT eige 
VAMe CAP TRE OR Oo ee es Se UE weer Aiea case ee MM ee eet GAPE Tne hoe sy ae 
Aa Re Ai ye, She” ieee i pa a SOD Breer erin ene ee tee th Ga eet eee 2 Sr ei, 
vA Si oR ee POR ee oa ee ER eet are aes ote cane eR tess erry Paty eds, abe nese 
hee eet ke erie on heed Pot Uv tah gle Re > 9 Feepesoate ct 2 intake pds cna Ordinance No 
46396 
ERY GAOL Co A gt SE ae EE ged SLU ee cae eal ete eae s Ordinance No. 
46396 
Cee Re as ens eS ly SEO scars teeat a at sere PE Chater ORME LGN gd c WRR cme ham aly. Wes 
ADF he Dac, aye Ral Se Tie tN CE Pash eee s phat skeienie om Waren cet ey eee ne Ordinance No 
46396 
SS Re oi Soke SR 514) Sigh OR ONSE 2S PANS Wieria idictee nee. Act June 5 
1905 
EG» Soged OR a reaped ARK av macadl Nae BF Alc SS, os OMe Re tga Carer a Ordinance No. 
44723 
Ga CH ps Siarg log Rly a Sg! Bn keg Oe ER Cale ate ees che ter ee cM ae CRN ys ee Ieee S 
Me a Rada ep sdae, Meine tae ae PNT We a OVE A a Le ee am a ig ee ae 
OM PC «eet Dati. Sd surielacs Ga Pete Rtas ee ee coe yee ae Ordinance No 
46396 
UT SR AP So, Seibel Atta Boe toe a “ten{i brig’ ie Spero Dee nee VAI KS gia ie hae Ordinance No. 
46188 
Eb Leieh tte nis atheists che ae se Si ie Farce ibaa SA ng cee ei arte ees a ad Ordinance No. 
46396 
EE Das ORE Ce Gg RICE see Se ie AEN Bale Oe, aed ce SUE Cae RTA el, oa oe 
BEG cS Seay ye) Ly, NR aan eee ACR ons + alae bale” Caters I RR Qe ataemet. Tigiely: Pater me 
Ce cee ter Coline Co a eae DEUS siaceay Ma rect Ye Ace ty  k Mein Gt tal dy a Ga 
fy OT ede st! A Ca hp ECA SK ois pA EEE RMR Me ey Os Co Ce ev 
CW BA AME ACT ST ede AAR RM a 1A PEAR, be EE Ls ails gti GRP Act June 3, 1907 
Ae WEY HLM eel CUBE Gade herd. gi niece LED ELD ees © 2 ie Rn, Lae UE A eat) hk il 
BAAR EN al ox ato, Aes hes eh hiedies EB SG ete ee Taree, Oly eRe. ichauthw ge MON « 
Aly Oe rie Tere Taree Rien ett lie ek LEME Neate te nace wie ree AOL TN cue RI ena, eI 
AO as tied nOe ema sweet PLE sy PALE ERS es 5.) Sanne lating “ate Seale Pree gt aA Ge Sch ae Sree 
a Te Pa Rd el ae Pee WRC AE BES hy eye ay eee eM! | oA RGR ence aey eR LY a 
Br sir RAT ald ns Aiton Ea te itt fer, 0: is ATER aR 9 Re Ne Se J Ne alee 
ae Rapes.) EMRE, hie re. e hic ake ate 6 a he LROACE laura ane Rag Res es ee ORE Py 8: 


CHARTER PROVISIONS RETAINED AS ORDINANCES—TABLE OF 
COMPARATIVE SECTIONS (Continued.) 


Revised Legislative Charter Special 
Charter Ordinances. 1908. Amendments. 
BOG BSS 3s: ee enc ec Mee TQO Skea so cs obo elle a one 6-0 5 nwt) 5 apne 
Bb. Uiecs! c oaehonc ts Sine eee eames TOD cick Gites > able pera eo in oun w ld) ey antee eee 
D2 ie ee on aan eie te eR ee LOB ie de dine o Sno oo 8 utes ale ovis ie i pe 
DOE Gaile ssa a yeteie te ates ene aches ha MEME 
By ie cc See a acs i names eee LOB a oie aie ale so ate 00 0 4 ate Sle 6 cole ee ee 
Dye ike ie eee ee ee VOT. cs sce ce oes ewe lalels steele nae 
Ds ae Gane ie OR Rm eee ees DGB wis ed & ic aie so 0 8 0 8 tele 6 oe wie vue apes ee 

DURE OR a ares earn 169 ei erie ob ve cea sev ee ey ee eee ee 

3a ENOL, MRM RR yl, SERRE SDSS a J LTO oe ce akan Soe a oe» 6 Re dae peice ene eter 
LS ROAM been erie oe gare ope VTL oe ies ee oa vis at pe le oe ee 

GOR chet Bee ite ac Oke ty em UTD yoo Selneiie wg Sie vs ae wel e's 0k era er 
C8 De CUAIRDN Maret Say Auli icra per patvallna eo L74 icc iene See's 6 one eee eon cin a-) oie 
Oo oars Suniemiaas E A eae LTB ere he See cee ne eels oe cles nt 
GONE roe batees ie me age anes hee ee ees Um Trine a 
A pa ea etaseck tar eid Saves oes eae LTS. te Seba cece ce oe vee oo wip 4 ween eee 
La Sy teh on epics tae er yk: ZOO... shad tlw o a diy ua o\e ous o18 oie apalle sen aa 
(01 eRe eed RPL ROME erin aL TAIN 5 226. ood hee be cle wines cele ee 00s ot oleate an 
CHIR Dane i Sek Ow eae ys Re hoes 2 DOT inc soc walt ow es Glble @ ue ule te 5 lolacele axe 
ops Mees page Buh GM iA eR se be ei Vi), en iy Eee 
oS Aa ras iene Ala arcee Nani ie ats Ha y+; | i cere 
OWE coastont crouse, ee ees te ae 3 er re 
RAR eh ra! PAR nee RON UR mE 288 occ Giclees Gece Sod woke e eonle lee su ele en 
TASS SR eee ak, Oe eae ore, 284. oc ccla ten econ ele Obie ¢ oe hone eee an 
Ese RO a A RA eae ME ha, oP 287 eid vide ec tid ele s sgisve 9 o'Be oes lels. stein 
fi: ie See Me RM ey Alia YS ne 19 rr en 
tL Dieaokeraeeaten eee ee eae tae y 2 A rare reine earner e re 
1 RTs erate ge tne Hee 248 . Los asters ve ele ae ae ale 00s ptel cl cle telat 
ify Rare AR ne Ae SS as, eet nd A Nes DAA. ca uicccle ces eb als eu cele dail oie 
TB jo one ais ete a tae OD BAB os a ang hid Dine Mle of oP tLe sods eles sUnte ce cee 
TON Ge cui ee Ge ee Or QGL gas apeteve wld eee 0 wp dolor oak. te ee ne 
SOM, ete as Re acne age NR es 262. oc cptiere cis a ww lela wlaee oO 8; onal ately int iaet eo htnnn 
St CeNe War ci te Renee 268 ook sake clhetae we gies «ple alate. oi 8 Oieue saan 
Borie lle eotenct wink wee ic ZEB os. 5b Cedtdee acts we wears bak 2 ei meee 
eo ee ORs te ee ee ee are. Aas 266 . ooo cu trc cae ele on woh ae coe sos eee 
Aran cae sae eur ee T99 Se eel OE he 
Bi dC ene te eae y)\\ MOONS N RAS 
RG Sul Calas ater yeterh “ha Ue nn aero 216. 6 coe ces 4 0560 So ele ee Re 
of MAPPER ae Bye en hte cia Spey eT ee A re rm EP 
ROME ar eih te ha tee ee een eae PIB. cue eb ee Soa Gh ewe be tO ne 
‘oh Nee ae RE iyat 2 foe Bie ere RN NE she 3 Ak! i hr we N STG 
OO ihe eae eee eee ae QOD eo Sacco bw Caw on wsldd os shone cles an 
OIC IN Se ec de tee epee eee DOG. vk ce LG SUE @ Wieie we Soe 6 el oslo leita Fe 
Oe See RAN make aad he aoe BAA EON QO «bev va o hie Bare ue’ See ee ec eo bare ne ee 
SS ER CREE eed on 2 PL Lge Sat DS A cia Be av Eade Oe eh Ordinance No. 

38422 
ACTS LNs GOR ERAN oe NRE ps, |)! ie MEME 
OE 4, chy WGN S Gh be edeee eels © 9105 6 bee eS Ae Rata ees Ok 
OG 0 yh k eee ate Re ee eres BVA) calc Lea ass oe dew ce es be 5 0 eo ee 
OT atin eee ee eee ee ee ee Q12 oc dial ce 6 ie © wes ake ale ee 
QS ook Lee cated thee eee ee ate eae ee yA bs ee er EEC EMLPO RPE MEEMEEMEP TARR 
OO onal rave sa vee mreeean eee meee DUA. ox cides vo ele ee 6 > die obi e oceans hs alte nan 
LOO cg Bte et ats Wee emai ece a evel DAR 6 oe bs eee a hha es CRN eee er 
TOT oe ee ian ears ae D2) Mae ee eae § 290 charter adopted June 7, 1915 
109 Hier he se ee ae 991. dc Buswae ok Senne can ck oe 
10S eR ee ae ee ere 
LOS ieee hes whee ore 892 6k. CBR vcs Si bese oes thee 
LOB ital cereale eee BEB oes ik ete kis a ee we tas had SANG gee aoe ee 
LO Gis Hea nteate ha hee eee Dy Gl ePane et one en ae nr Pare rere TE 
Oe sia vices ie ee eraser QB che he ecw dea ele dua e sloleue leet 
WILE bo GRR RR a Repo ery CSE Yn GA, B52 oes iG ees se ie aes loses op Dies. lees polenta ea 
POO ici acteh nea izes ec tatek rete 962 Sie ion ae bla Se hance Sitios ele ae no 
i ba EU Spear menor oe ence Seecsiaren rs 9g SOB hie Sle oa shy wllacis Vos ow hee rae nee 

dbs Li Repair tere Mamet eget art NS ty BGA ae RAST SoS hileleri Act June 7, 1909 

i hs boaters Sotpen Ma ene Mramrgeat Chas ain) Ate DRA Naty CERRO yo Nees Van thee) a eae oo 0 DGS URE eee 
DUD hoceitancbetshanareestieriel ove tueroask time SOD sac ee Ree On eae EE Soo terete evec atone 56 dh Rie een eae 


CHARTER PROVISIONS RETAINED AS ORDINANCES—TABLE OF 
COMPARATIVE SECTIONS (Continued.) 


Revised Legislative Charter Special 
Charter Ordinances. 1903. Amendments. 
10 ged AOE el Re ee ade ED edetetet Mele cr sere Weare eal seared ate ee Cro eee ccd een 
i Ed OS) Ree ap ee aE NE URI i to BO Ur atitrcels fale cs athel da eo hale, ee ee 
ALOM ate so ent ee ee tg Ghee ao UL “hete hare ed ARP MPa RRR Re a aah 2 ice tonal (Or Re ee 
Mec Gie Bie se odie eres wes bobs frarehtts Sua ACA SAS ar RE Ob Ge a ae a ee aR eg 
DL See, Meee foe ey Ped SLU RL ss atr ing Sper AES a nc Dp og en ee Ua aL ee 
10S ONE weno ee oe aaa nth Estee? ih Parco yotc de aaa eae ae eee a 
ba ga Se on a le Dn DOLE ae ee er Oe ee nee ea ne on ee 
TA DR ee Baa Sa Oat etary ae a SPB eae Aa ciple aeelbaee a pageants Bash ole" CB ee Meare 
1 BALE SEE I Bart Ae “H19 ue aeh aera ta sade, SS eon raed os Rea fh BON ID oe 
PA e Re SE algae sea con «  Pake OA Pe Mee ek cca a Bale BS Act June 5, 1911 
WA Areas Sricriiatine oa ld carte ¢ ules = 1 ar votes Lad te eg as ee ane ae Act June 3, 1907 
ZORA a ores feo eee eat: Pa MGT dghet iy etait pan ak ae pid ee aes ee eae ee 
POPS Fhe ae Sek boats wee Fi ht ee Piper ra ena Ox Ege Poa Act June 3, 1907 
1 OAS ok Oe a CREO! Dee tee, Mo RC FE yet MRC cab Act June 7, 1909 
LOLS Ae aaa ie li SIL) Sam LR Pa Pha np GES ood Ce mm 
LAY se re cece ata ag SSUGAperNieN eth UMA isp er Mec ESAT" 
VOLES 02 Wicca imate ire SEL al hag on UaetE ea ty Sa a aac NS 
TSA Ce ei oO mata artic Rog Rei pee JOG ECE crepe NR Fyn ee Rhy Oe Te 
Bea aretha ster oorerels ek Sei a) oh ant here Pa gi ee a a ORI led 
Omen ye eiarce wis Ce trois Lienert ORS: lasict ha apy aie ee Cnty ae ae Act June 5, 1905 
A ener Weer, cate ct a SOD Meierhans tenes Nye Act J 
1S Ge vos Atria apa BOG Sa mein em han oa bag aa , 
LE CDI ERO eee TEA Sips pe NR a PEA ae ee eR a nag Jae 
1 ES) hoc A Are ROSS Race CPE Camere AUP es rete eet awe od Act June 5, 1905 
See COSC mn ate RC ee AUC RRs ee et OU Nae SOR, NK IN Ed Taito 
HGTLE 8. Ciel arf paren o paar ang Sener mee CLUE all Shc aged i get A era a i aN 
LEN ote oc oe CN aA Pa AUS Pee Rem renee. AIST SE aie YO, as he) Ta 0 
PA ee canes are a ae eee eee ars 200 Mure nee rt ine A Gr ae) Soy een ean toe 
Le Rene ease oo e te ote Tea Ree e a5. avane a 9 BAU Ae cl ar Nan s SB et tt a ee Sa 
10S lane pal opens Agee Uva A eee eta EAN remtry itn cir ae Seat. Watt 4 epee wh) 
be cee oA, te ean Mat a 0 ARE cet aren pace kts nt RR Act June 3, 1907 
TA eae SN gn ey or acd ate 11S Aerated a Oe ER ge, Oe ae ae a 
Terre is Bee RE Pe es ee OR al cht fle eee: OA eta gala TM a ee Sane a le 
1 ae eae re nee, ech ANS ies Bele Sr reyes Mag yee Va at beep eae a ae a 
Mere rel, etek, reer an Bee ALGs roe ects ener tne awe, FoR ie. oc. Mea? 
1 1? Fc tee OR RN oe Aare eo AAI See, Rete kere ee Meee ames ha nme ae a ye 
LG aacene oO ree heer UP con ALLO uthieter ae crac apete | ata erate coy. ye eae er ay Pte BE) 
LEWC palais P.O) Apa are A a AL OS tree ceoremen tt Um, Vick” eee eee Tre AL ae ae. 
Jey A foe Oe Le alae a A) een teh aa kavem theses Mey cena me oa ah ah Sl) gl Be 
gE Fe as rr aCe ee ee ey SALAS oe cet pees ciel Cutie ree i ee ae ae eer 
Ae oe Be ee SOG ae apres acca Meak Plea erate ete. Ns ie pk | OR Jaw 
1 EDs ias expec. Sree Bok ak ur aoe ee EET} beholden iti SRO Wea A ay WASP i ee er 
DOG ET eS Pe eee es AN stone Rtye en Cc cm Par ee he ee 
BSW ct pee ys gre lh ae ge ee aD AL) iter crsTatebebel stats Ccnedatete atts ted cara cee Cael eae 
Leche AR ee te no eee ee AU) Deis eka hirer eane anes eT ate oe seereray een! FN Ua A tek, nes 
LEC ery ee Bee Meet? MU) Eh Steere teense coe ARTI eee oh cena Se ce Se 
LOU Ree eae Pam a 8 8 oN UY ee eh We © 9 Gites Sect Ba A Se we ge aise 
TGR re eee ee Oe ee ae SRS ere ee ae ee eee ee, eh ea We 
LOZ Bee Peet eh cent eee PA Ae gees » kent ga BR re Sea eg ge 
LG merce tsi) Fook S oats aieae oe PAU ob olen le, San eA IR A ol a ee ae 
LGGt aa re ne ae et eee Pe wis 203 


eee aL OSES) SO eh ee ere S14), 6) Se pee ere is, ov eRe 6) S16 série) sid. 6 erie e 


[ 241 ] 


Cea 


